Sue the Condo Corp for Vandalism to your car

Condo Corporation Not Responsible for Parking Garage Vandalism – A Recent Case

http://www.lashcondolaw.com/condo-corporation-not-responsible-for-parking-garage-vandalism-a-recent-case/

In a recent case, Friedich v. MTCC No. 1018, a condominium resident unsuccessfully sued the condo corporation after his vehicle had been vandalized.

The corporation had made changes to its security for the garage. The previous telephone entry system was replaced by closed circuit televisions and security guard patrols every two hours.

The resident alleged that the changes to garage security resulted in easy access to vandals. He argued that the corporation had breached its obligation contained in section 17 of the Condominium Act, 1998, to control, manage and administer the common elements and was also negligent under the Occupiers’ Liability Act in failing to keep the parking garage secure.

The resident’s case was dismissed after the Court concluded that the resident did not provide any evidence that the change in the garage security made it more likely that his car would be vandalized or that the corporation’s security protocol fell below industry standards. The resident did not even provide any evidence to substantiate that his car had been vandalized while in the parking garage.

The Court stated that the corporation was not an insurer and determined that if there was any vandalism that occurred to the resident’s vehicle while in the garage, the damage was caused by criminals, not the condominium corporation. The Court found that the corporation had acted reasonably in hiring the security firm and that there was no evidence that the security firm did not discharge its duties in a professional and reputable manner.

The Court decision was upheld on appeal to the Superior Court of Justice. The dismissal of the appeal was based on the fact that the resident failed to establish that the corporation had breached the standard of care required under the Occupiers’ Liability Act.

The Superior Court also acknowledged that the Board’s business judgment concerning the security system was entitled to deference. The Ontario Court of Appeal has recognized that the “business judgment rule” applies to condominium board decisions. As long as the board of directors has acted honestly and in good faith and exercised the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances, the courts will give deference to board decisions. Directors who have met the requisite standard of care won’t have to worry about the court “second-guessing” board decisions.

Banning Pets in a Toronto Condo

Recent updates for Pet Bans have Condo Residents up in arms...
New Owners cannot have pets but Existing Owners are Grandfathered?
Just because you saw animals during the showings does not mean that pets are permitted.

BUT Rules to be applied in an even handed fashion.

Metro News recently reported that a proposed rule change to ban pets in a downtown Toronto condominium has caused considerable uproar among residents. The proposed rule would allow current owners to keep their existing pets, but no new pets would be allowed. However, service animals under 25 pounds would be permitted.It is questionable if the proposed rule change is legally enforceable for several reasons. The Ontario courts have held that while a pet prohibition in a condominium declaration is valid, a complete prohibition in the rules is not valid. Secondly the size restriction on service animals could be challenged as a violation of the Human Rights Code.Rules can contain restrictions relating to pets (such as a maximum number of pets or a prohibition on nuisance animals, for example) as long as the restrictions are reasonable and created for the safety, security and welfare of the owners and the property or for the purpose of preventing unreasonable interference with the use and enjoyment of the common elements and the units.Not surprisingly, residents have been circulating a petition to protest the proposed pet ban. As set out in the Condominium Act, if the owners of at least 15% of the units make a requisition in writing to hold a meeting, then the proposed change in the rules must be approved at an owners meeting by 51% of those present at the meeting either in person or by proxy.Amending the condominium declaration to include a prohibition on pets would be more difficult, as this would require the written consent of the owners of 80% of the units.Tenants have no vote or right of approval with respect to any change in the rules or the declaration.  However, they are bound by these documents and any amendments to them. In a condominium where the majority of units are rented, this means that any decision to restrict pets will be made primarily by owners who do not live in the condominium.Click here to view our brochure, A Director’s Guide to Pets in Condominiums.

http://www.lashcondolaw.com/wp-content/uploads/2016/08/Lash-Condo-Pets-Brochure-LR.pdf

Please read the  By Laws when buying a Condo unit to understand what is and what is not permitted.

Want a Happy Condo Purchase?

Call David Pylyp 647 218 2414  

1926 Lake Shore Blvd West, Toronto

Four Points Sheraton

1926 Lake Shore is the Lake front Hotel location at Windermere and Lake Shore Blvd., W.  The Hotel closed its doors October 15th.

Carttera's Urban Intensification Fund 2 acquires development site at 1926 Lake Shore Boulevard West, Toronto.

November 2012 Carttera's Urban Intensification Fund 2 recently acquired a 1.1 acre site located at 1926 Lake Shore Boulevard West in Toronto. This site fronts onto Sunnyside Park and has spectacular views of Lake Ontario, High Park and downtown Toronto. Carttera plans to redevelop the site as a residential condominium. 

http://www.carttera.com/whatsnew.cfm Carttera - What's New www.carttera.com 

1926 LAKE SHORE BLVD W OPA / Rezoning 13 125924 WET 13 OZ Ward 13 - Etob. York Feb 27, 2013 --- --- --- --- Proposed amendments to the Zoning By-Law to permit the development of 2 residential towers with heights of 42 and 48 stories connected by a 4 storey podium. A residential gross floor area of 78,625 sq m is proposed. The building will contain a total of 847 units, 613 parking spaces below grade, and 248 above grade.

Stand by for further updates...


How do you find an agent?

Lets start by making a plan for where you want to be. Call me at 647 218 2414

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NXT Toronto

NXT on the Queensway

The Twin Tower design with stunning two story glass foyers, elegant front double glass door entryway.   The front gardens have been planted and will be an added attraction for years to come.  

Maintenance fees will continue to be lower than average with a building that has 30 plus floors and 18 Suites per level.
Elevators have been problematic.

Contact Front Desk Security at NXT on the Queensway  416 761 9962

Contact Management Office NXT  416 255 6520

Windermere Early Learning Center at NXT  416 763 2734


The on site Day Care Center is a not for profit business, under the auspice of the Child Development Institute, that has installed itself with a waiting population of small people ready to attend. The Waiting List is ordered with preference given to Residents of the 103 and 105 The Queensway.  Current population is near 60 children. This Child Care center is a fully licensed and inspected facility that accepts infants, toddlers and 30 to 60 month old students. Costs at this not for profit are $76, $72 and $56.75 per day. (Youngest to oldest)

The Windermere Early Learning Center currently has spaces available in the 30 to 60 month programs.  The Infant and Toddler programs go quickly, with some waiting months for placement. 

With Warmer weather outdoor excursions are possible to the playgrounds, waterworks and splashpads at Windermere and Lake shore.

The NXT 2 is almost ready for Occupancy with the lower floors populating shortly.   It is a slightly taller structure at 35 floors averaging 15 suites per floor from the 33rd to 35th, and 16 suites per floor on levels 3 to 32.

Both Towers will share the elegant double story glass foyer, indoor and out pools plus lounge patios in a sun filled, wind buffered private area.   Main floor Gym is well equipped.   Movie nights at NXT might just catch on.

If you would like to be here ...  Call me.  416 233 9000
Floor Plans are available


Lets start by making a plan for where you want to be. Call me at 647 218 2414

Selling your Suite at NXT by Cresford?

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Order Your Condo Status Certificate Online

You can Order your Condominium Buildings Status Document Bundle online.  A number of condominium corporations have made electronic ordering of your Status Certificate Online available and receiving all the documents online by email.

This saves the condo corporation the expense and time in preparing Packages for Purchasers. These packages include the Building Declarations, Rules and Regulations, By Laws, Audited Financial Statements, Proof of Insurance Coverage and a Status Certificate. Today it should also include a Workplace Harrassment By Law and a Standard Condo Unit Description.

CONDUIT - The standard in online Status Certificates
Since 2008 D-Tech Consulting has changed the way status certificates are ordered and delivered. Condominium corporations coverage across the GTA and Ontario provide access to order status certificates from most condo's and property management firms.
High adoption rates with management companies, unit coverage and powerful management system have led to integration with the Ontario land registry system managed by Teranet. Their Geowarehouse service provides all Ontario real estate board with integrated and direct access to CONDUIT. https://www.statuscertificate.com/

The Lawyer who is conducting your transaction requires (for YOUR benefit as the Buyer) a Valid Status Certificate that is dated within 30 days of the closing, Signed under Seal with an original Signature.

The Bylaws, Insurance, Financial and Declarations are all documents that are up to date even when they are 9 months old.  The Status Certificate is relied upon to show if:

• The Condo Corporation embroiled in Litigation
• Long Term Repairs and Expenses
• Special Assessments for Operating Fund Shortfalls
• Confirms the Maintenance Fees and proposed Increases
• Confirms your ownership details of Parking Spaces and Lockers
• There are any outstanding Claims against Tarion

Yes, It is convenient; now your lawyer has an obligation to ask you if you want all the material printed (usually ..@ 50 cents per page) and you in an effort to save money skip the details.  If you have a lawyer who does not explain and show you the By Laws and documents, whether you own or have parking, purchased the correct unit, RUN! Change Lawyers.   I can recommend a few that are worth it.  Yes they charge more.  They actually do the job instead of gambling on Title Insurance Claim saving them. 

Its ok,  you just live in the apartment  Once you close your door......

Please work with people who understand the process and can explain these things to you in detail.  If You are buying into a building with poor management and a weak condo board  this makes the WHOLE purchase a gamble, not just your down payment or the Toronto Condo Bubble.   Are you Ready?   Give me a call.

Larry the Landlord Bedbugs will Bite

Larry was horrified to find that even though his tenants readily admitted that they infested the apartment unit with bedbugs  It was his responsibility to eradicate the problem.

In a recent issue of the London Free Press, Denise Lash was interviewed as part of a special feature on Bed Bugs in condominium units and who’s responsible for their eradication, entitled “Responsibility to take steps to eradicate the nasty bug goes to the landlord”. Denise discusses how condominium corporations should notify their owners and ensure those owners retain a specialist bed bug eradication company if required.
 “if there are bedbugs in a condominium building, it is advisable for the corporation to inform the owners that there are bedbugs in the building (without stating which unit has the bedbugs due to privacy concerns). Residents should be told to inspect their units, and if found a specialist bedbug eradication company should be contacted”.
 You can read the full article on the London Free Press’s website here.  

It is not only the Individual Landlord but a Condominium Building could very well have the same obligations.

Condo Special Assessments - Toronto

Condo Special Assessments and Increases in Reserve Fund Contributions: Tough Decisions 

Posted by Joshua Milgrom Heenan and Blaikie 
http://www.condoreporter.com/board-of-directors/condo-special-assessments-and-increases-in-reserve-fund-contributions/

Does your condo have enough cash stashed in its reserve fund? An inadequate reserve fund could have devastating financial consequences to condo owners.

The Condominium Act, 1998 requires all condos to establish and maintain a reserve fund to cover the cost of major repairs and replacement of common elements. In addition, condos must conduct reserve fund studies, designed to assess whether the reserve fund is sufficient to cover the expected repair and replacement costs. The reserve fund is funded from the monthly maintenance fees paid by owners.

As a prospective purchaser, low maintenance fees mean greater affordability; as an owner, more disposable income; and as a board member, a happier community and greater popularity. All of these seem great, right?

WRONG!

Much like a politician promising not to increase taxes, board members’ reluctance to adequately fund the reserve fund and to increase reserve fund contributions when necessary is often short-sighted and can be a key factor in a condo-owner’s worst nightmare: a special assessment. 

When the reserve fund is inadequate it is tempting for the board to undertake “band-aid” repairs because they appear cheaper. But these repairs are far more expensive in the long-term, as they only delay the inevitable and add unnecessary costs. Ultimately the Corporation will have paid for the band-aid repairs, the major repairs that were needed in the first place and additional repairs for damage that could have been avoided if the major repairs were completed first!

I joined the board at my current condo in February. At the time, the board was composed of a relatively new slate of directors. We soon discovered that the condo would require extensive repairs of some “big ticket” items, the most pressing of which was the replacement of windows. The previous board had undertaken a number of over-budget projects just over one year prior, which depleted part of the reserve fund. As a result the building’s lobby looks great but there was not enough money in the reserve fund for the extensive repairs that were now needed.

Needless to say, the condo was about to face a serious financial problem as the leaky windows needed to be replaced sooner rather than later. After extensive deliberations, the board decided to levy a special assessment in June, which amounted to an average of $12,000 per unit. Some owners simply cannot afford this unexpected cost and unfortunately must either scramble for financing or sell. This situation may have been avoidable if the reserve fund contributions had been sufficiently increased in the past.

Increased reserve fund contributions are frequently opposed by owners and board members for several reasons:

§ A general lack of understanding of why the reserve fund is needed.

§ Owners not wanting to contribute to repairs that may only occur years down the road and will benefit future owners.

§ A desire to keep common expenses low.

Many owners believe that contributing today is somehow costing them more money. Owners need to understand the importance of reserve fund planning and the benefits of doing so. What the fund does is to allow the corporation to spread out the expenses for major repairs and replacement over a longer period of time.

A lack of understanding can be addressed through communication from the board. Here is what the owners need to know:

§ The Condominium Act, 1998 requires that a reserve fund study be done and that the plan for funding be established in accordance with the study. There is no choice!

§ The work will need to be done at some point in time and the money will have to be spent. It is now or later and if later, probably more.

§ The reserve fund distributes the contributions of the old and the new owners. Major items deteriorate over time. Although a roof will be replaced when it is 20 to 25 years old, every owner who had the benefit of living under it should share in its replacement cost.

§ If you don’t start contributing now, a large special assessment will be the result, and it may occur at a time when those funds may not be available.

§ A well-maintained building and a healthy reserve fund are sure to improve the marketability of your condo! Prospective purchasers may walk away from a deal if they discover that the reserve fund is inadequate and that once they move in they may be hit with a special assessment for a major repair.

If the board communicates with the owners before approving any increase in the maintenance fees, that will hopefully lessen the pain when the increase actually occurs.



How is your condo Board behaving?   Is there a popularity contest or do you hate the Board of Directors for enforcing Rules and Regulations and budgets?

Have your say...

How will Condo Investors enforce No Smoking Ban?

You know its coming....

The zeal for a NON smoking society.  What was a common and accepted event is now banned at work, restaurants, building entrances, outdoor patios and even soccer fields.   Now with new legislation they are proposing banning smoking in all condominium units and duplexes,  anything that shares a wall.

SAN RAFAEL, Calif., Oct 15 (Reuters) - A San Francisco suburb on Monday banned smoking in duplexes, condominiums and other multi-family homes, with city leaders saying they hoped to lead a wave of such regulations across California and ultimately the country.
The City Council in San Rafael, a community of 57,000 people about 15 miles (24 km) north of San Francisco, voted unanimously for the ban, following a handful of other California municipalities that have outlawed smoking in buildings with as few as two units.
"We are happy to blaze a trail," Mayor Gary Phillips said before the vote. "We're most happy to be in the forefront of the issue because we think it will greatly benefit our residents and those visiting San Rafael, and we think it will set the tone for other cities as well."
Tobacco-control experts predicted that the tough smoking ordinance in San Rafael could touch off a larger movement in other states and cities.
"The San Rafael ban is a very significant event because it will spread," said Robert Proctor, a Stanford University history of science professor. "We're on the downslope of a big curve. Smoking peaked in 1981 with 630 billion cigarettes sold in the United States. Now it's down to 350 billion. And that number will keep on going down until smoking is a distant memory."
San Rafael is the state's ninth municipality to completely restrict smoking in multi-unit housing, said Pam Granger, advocacy manager for the American Lung Association in California. Granger said California was the only state where local jurisdictions have banned smoking in homes.
The ordinance has generally been supported by residents who have spoken at city council meetings, although two smokers came out to oppose the ban on Monday evening.
"This proposed smoking ban actually intends to punish people for what they do in their own homes," Thomas Ruppenthal told the council. "I really feel this is tyranny."
The ordinance also would prohibit smoking on San Rafael's downtown streets - the backdrop for parts of the 1973 film "American Graffiti."
California municipalities have used the report to prohibit smoking in apartments and other multi-family homes. In some cases, the laws apply only to new construction or to just a percentage of a housing complex's units.
But the restrictions have become increasingly strict, and San Rafael's ordinance applies to all homes, new or existing and rented or owned, with shared walls. http://www.huffingtonpost.com/2012/10/16/san-rafael-smoking-ban_n_1968990.html

All new or existing condominium units or residences with a shared wall, [takes in Townhouses and Semis] Knowing that we are approximately 6 months to a year behind the trends in California, How long will it be that we hear about this legislation in Toronto, Ontario?

Will Toronto Landlords be performing "sniff" testing on prospect tenants?
Will Condo buildings go SMOKE FREE?
Is a Smoker's Condo Evaluated at Less than market?  How much?

Have you say.... 

for Toronto Condominium Investors

If you are concerned about the quality of your investment in Toronto real estate, Why not invest your money in Canada, in Toronto,



We have an excellent opportunity and a buoyant market, with a growing metropolitan area being Toronto, Ontario, Canada.

If you would like the comfort and return on investment from knowing your money is safe and secure. 

Call me at 647 218 2414,

And we will find and income and investment opportunity for you.

When you purchase a home they not only get bricks and mortar, you buy into a community and lifestyle. You create a nest egg for your future.  Lets make our search specific to your community.

Thank you.


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Can you afford to retire?

Have you considered where in Toronto you could live?

Are you where you want to be?



Do you have everything you need?

Have you prepared and planned for the future?

Average People have Dreams and Hopes; Confidant people have Goals and Plans.

Let me help you get there.

My number is 647 218 2414.


So there's my number Call me Maybe

Buying a Condo - Is It really a deal anymore?

Condos are usually considered starter residences with studios, one bedrooms and lofts being most desired. Singles tend to be the predominant purchasing group.  As you gather and collect things for life you also gain a spouse and child. Things constantly change.

We were expecting retirees to downsize and  occupy smaller units, but they are embracing the housing they have and renovating to make their houses suitable for long term occupancy. This includes stair glider systems, wheelchair ramps and lifts at the front entrance plus other bath and lift aids. Walk in and Sit down Shower Conversions.

In a condo we agree to follow the Rules and Regulations. Declare Tenant Occupancy,  you get to do what you want inside not on the outside; Pet Restrictions, No wild parties, no excessive noise, Parking in new buildings is often limited. TTC ridership is encouraged. Auto Sharing?

Many decisions and obligations are made for you  so really you are making a lifestyle selection.  You have the right to pay maintenance fees. The costs for heat and hydro, water and garbage removal, (a house's garbage pick up is included, condo's pay tipping) additional amenities like a concierge can easily run to 58 cents per square foot.  The bigger the building, the better the sharing, but now you have more suites per floor in higher structures. Do you have a Rec center?

What will be the Future Values?

We have had an unprecedented run up in values that has continued unabated since 2000.  (There was  a blip in 2008 that recovered almost immediately in 2009). These exceptional growth years are expected to soften slightly going into 2014.  (PDF from CMHC)  As tenant demand decreases first prices will soften for rents, then prices will begin to adjust for unit costs. Toronto currently has 1.1% vacancy. 

CMHC projects average values at $420 - $495 per square foot as sustainable and supported by the Toronto condo resale market.   If you are buying at higher values you need to examine your addition amenities.

Annual appreciation on condos has been about 5 % per year on average. As buildings age they tend to stay within the rate of inflation for per square foot prices while maintenance fees continue to increase. Mandatory Reserve Fund studies are revisiting the minimum required contribution limits at 10% as inadequate. This is forcing many Condo Corporations to make the hard realistic choices they have evaded. 

So what's my conclusion?

I could never afford to live in the location I have; at High Park over looking Lake Ontario, in a single detached home, (The Opening Video scene is shot from my condo window) If It was not in a condominium. The same very quickly applies to being in the downtown core.  With larger units, 3 bedrooms plus den, does not appear to have sustained demand due to cost. IE 1.5 million plus.

If you want the lifestyle and location, it's great.  As an investment, with the additional expense of upkeep, maintenance fees and services, condos may not deliver the promised return. 


What do you think?

License Toronto Landlords

Toronto has not yet joined other municipalities to license Landlords but that may be short lived as the City looks for new sources of Revenue. The average tax appears to be at $825.00 per unit.

Condo Units in a Building are exempt.

Compulsory licensing for small landlords is rapidly spreading throughout Ontario, having come into effect most recently in Waterloo on April 1 and North Bay on May 1. Other Ontario cities which have already implemented a licensing regime are Guelph, London, Mississauga and Oshawa.
The idea appears to be contagious, and many other cities are looking at the concept, including Hamilton and Kitchener.
Waterloo’s licensing regime is typical. Licensed rental properties in homes or townhouses can have no more than four bedrooms, but units in apartment buildings and condominiums are strangely exempt.
Landlords are required to pay application and annual fees of as much as $825 to rent bedrooms in houses and townhomes.
Regulated units are theoretically subject to higher standards for health and safety, and landlords are subject to a criminal records check. The new bylaws set maximum occupancy limits (apparently regulating how many people can sleep in one bedroom), and minimum distances separating one licensed building from a neighbouring one.
Previously required fire inspections have been eliminated, and landlords now have to self-certify compliance with six different bylaws, including, strangely, fence bylaws, as well as building, fire, electrical and health codes.
The ability of Ontario municipalities to implement landlord licensing came into force in 2007 with changes to the province’s Municipal Act, which allowed municipalities to regulate businesses and business transactions.
Many observers — including this one — are concerned that the new regulatory scheme is either a municipal money grab, or a crude attempt to regulate and limit housing for students and large families. Both groups are often classified as low income. In Waterloo, for example, two tenant families with three children each cannot live in houses within 150 metres of each other.
A North Bay city statement about its new bylaw says that the purpose of regulation includes ensuring that rental properties “do not create a nuisance to the surrounding neighbourhoods, and . . . protect the residential density, amenity, character and stability of the residential areas.”
Similar arguments were used to justify restrictive property covenants based on race and religion prior to the 1950s. In a horrendous 1949 decision of the Ontario Court of Appeal, the judges wrote that a restriction on title to land preventing purchase by those of “Jewish, Negro or coloured” race or blood was just to assure that the residents were “of a class who will get along together.”
It seems that in Waterloo, North Bay and elsewhere, today’s students and large families are being treated like yesterday’s minorities.
In fact, the Ontario Human Rights Commission (OHRC) is currently investigating whether rental housing licensing bylaws in North Bay and Waterloo create discriminatory barriers to rental housing.
Bob Aaron is a Toronto real estate lawyer. He can be reached by email at bob@aaron.ca, phone             416-364-9366       or fax 416-364-3818.
Visit the Toronto Star column archives at http://www.aaron.ca/columns for articles on this and other topics or his main webpage at www.aaron.ca.

Are you interested in acquiring tenants for a unit in Toronto?    Give me a call at             647 218 2414      

+David Pylyp

Comparative Market Evaluation

A Current Market Evaluation  or a Comparative Market Analysis [CMA] proves you with an Opinion of Value based on homes that have sold recently in close proximity to your community.



Working with a proven sales professional with provide you with the Results that Matter in the shortest period of time. This means the least disruption for you and your family.  The CMA will include a GEO Warehouse Report for Neighbourhood history [any trade or sale] and the MPAC Property Assessment Statements.

You have better things to do.   Call me.  David Pylyp or complete the  Property Evaluation NOW