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Marc Kelly

About Marc Kelly

This author has not written his bio yet.
But we are proud to say that Marc Kelly contributed 75 entries already.

Entries by Marc Kelly

case law, Commercial, Condo, Condo Management, Condo Popular, Condominium, Condominium Property Act, interest, Real Property Featured, Real Property Law
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 […]

March 5, 2020/by Marc Kelly
Condo, Condo Management, Condominium, Real Property Featured, Real Property Law, Uncategorized

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 […]

January 9, 2020/by Marc Kelly
buying, buying feature, buying/selling, Collection, Lawyer, Possession Day, Uncategorized

A Change In Water Heater Rentals in Regina

In Regina, rented water heaters are a pretty common occurrence. I would say I see them on about a third to a half of purchases that I close in the city on used residential property. There are a few key suppliers of leased water heaters and they will provide the heater and annual maintenance for […]

November 6, 2019/by Marc Kelly
buying, buying feature, construction, Lawyer, mortgage, mortgage broker

You’ve Qualified for First Time Home Buyers Incentive – Now what?

So you’ve qualified for the First Time Home Buyers Incentive – now what? While one could imagine your locally elected MP wanting to walk around handing out cheques for those who qualify, that is not how it works.  This article is for those that have gone through the initial process and determined that they are […]

September 6, 2019/by Marc Kelly
buying, buying feature, buying/selling, closing, property tax, taxes, Uncategorized

Property Taxes. Something so simple gets complicated.

One of the things that people have the hardest thing getting their heads around in a real estate deal is property taxes.  I’ve had a number of meetings, both before and after the transaction has been done, trying to explain the accounting associated with property taxes. To be fair, the math and payment terms can be […]

July 29, 2019/by Marc Kelly
buying, buying feature, buying/selling, case law, Contract, damages, Real Property Featured
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 […]

June 6, 2019/by Marc Kelly
Assessments, buying, buying feature, buying/selling, Real Property Featured, Real Property Law, taxes

“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 […]

October 3, 2018/by Marc Kelly
Condo, Condo Management, Condo Popular, Condominium, Condominium Property Act, Real Property Featured, Real Property Law, Uncategorized

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 […]

July 25, 2018/by Marc Kelly
case law, Real Property Featured, Real Property Law, Rental, Uncategorized

Beware of Exploding Bathrooms and Other Lessons from Rentals

A family rents one of your rental properties. Decent interview, parents gainfully employed, and basically a model tenant. Then your house blows up. Such was the case in the decision of Carteri v Saskatchewan Mutual Insurance Company, 2018 SKQB 150 (CanLII). A property in Regina in 2009 was the scene of a fiery explosion. A […]

May 29, 2018/by Marc Kelly
Condo, Condo Management, Condominium, Real Property Law, Uncategorized

Owner Control or Board Control? Condominium Corporate Decision Making

I have seen a number of board of directors from condominiums in this city and beyond that unnecessarily restrict their decision making power. The board will go back to their owners for any number of issues seeking authority to make decisions and with no apparent legal reason for such a practice. When pressed on why […]

January 22, 2018/by Marc Kelly
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Latest Posts

  • A cover photo describing the article about condo liens and the limitations act.
    Really Old Condominium Fee Arrears – What is the Impact of The Limitations Act?January 10, 2024 - 6:14 pm
  • Significant fee changes with ISC effective July 29, 2023July 13, 2023 - 4:04 pm
  • Picking Your Possession Day – A Lawyer’s PerspectiveSeptember 26, 2022 - 9:46 pm

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Marc Kelly - Practicing in Real Estate Law

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