Entries by Marc Kelly

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Condo Bylaws and Airbnb rentals

A big decision for condominium boards coming out of Alberta in Condominium Corporation No 042 5177 v Kuzio, 2020 ABQB 152. This is a decision to make permanent an interim injunction that was granted in 2019.  In short, the unit owners were using their unit for short term Airbnb stays, and the board argued that […]

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Why is Unit Owner Condominium Insurance so Important?

If you have never lived in a condominium (and sometimes even if you have), you may not be aware that, with some small exceptions, a condominium corporation gets insurance for the building and unit improvements up to the standard unit description. However, there are still gaps in that insurance, and my advice is generally to […]

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Stigmatized Properties – “Who You Gonna Call? ….The Ghost Lawyers!”

Stigmatized properties are those in which there is nothing objectively wrong with the physical premises. However, due to the history of the property, it has a negative experience associated with it. This could include properties in which murders or suicides occurred, or those which have been described as being haunted. The fluid nature of the […]

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“Not a Non Resident” – And Other Phrases that Can Cost You $92,000

The Tax Court of Canada affirmed a tax assessment this summer of $92,000 on what appears to be an innocent purchaser of residential real estate property. The case of Kau v. The Queen, 2018 TCC 156 demonstrates one of the other tax liability that can affect purchasers when buying a home. Purchasers either need to […]

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Deal with it sooner than later: Cannabis and Condos

The legalization of cannabis has been the subject of intense debate, but the date of legalization has been set: October 17, 2018. This date creates some real urgency to have boards consider their bylaws, as I will discuss below. The Cannabis Act is a complex piece of legislation covering many aspects of legalization. For the […]