Foreclosure is a difficult process for individuals that are going through the process. Often, it is a result of a change in life circumstances, like a failed marriage, a lost job, or a bankrupt business. Because of the difficult financial position that they find themselves, they are not in a position to pay for legal […]
An issue that I find myself regularly educating condominium boards about is the process of collecting condominium fees from owners in arrears. These boards often struggle with the ‘bad guy’ role of collecting delinquent accounts – having to play debt collector with one of your neighbours is just one more thankless job of a condominium corporation […]
The recent proclamation of amendments to the Condominium Property Act, 1993 has created a new remedy for individuals and entities who interact with condominium corporations. Section 99.2 of the Act states as follows: 99.2(1) An owner, a corporation, a developer, a tenant, a mortgagee of a unit or other interested person may apply to the […]
A developing case out of Toronto is making home purchasers ask questions about what is really happening to their funds when they are entering into real estate transactions. It is estimated that almost $15 million was paid into a lawyer’s trust account, and alleged that she went and released the funds into the account of the […]
I was asked to provide a presentation on September 2, 2014 on the changes to the Saskatchewan Condominium Property Act and Regulations. While there was additional information that I presented and questions answered, I was asked by a number of sources to share the Powerpoint presentation that I prepared. Here it is, with a few […]
Every once in a while, it’s nice to see a little reminder about those cases that drive you nuts. For condominiums, my area of frustration is special assessments. Those terrible situations where owners have to come up with a huge chunk of cash to rectify a problem that cannot be covered with existing reserve fund […]
You sell your house. You’ve listed it. You negotiated offers. You waited on conditions being met and waived. You’ve packed, and cleaned, and moved. I mean, you love the place, but the most important issue you are thinking about: “WHEN DO I GET MY MONEY?!” We look at the standard trust conditions that the […]
Money can cause stress for purchasers and vendors alike when buying property. Purchaser want to know that there will be no delays in getting possession, but want to minimize interest costs and charges. Vendors want to know that the deal is done, that their mortgage is paid off, and that they have their equity […]
Trees are common place in most residential developments. A natural way to provide some shade and a lovely way to complement a property, many see trees as an asset. But as much as people like their own trees, some can find their neighbors’ trees to be a pain. The frustration of overhanging branches dropping fruit […]
Two interesting decisions coming out of court of appeals in Canada involving condominiums being published this week. The first looks at bylaws imposed on directors of condominium corporations, and the second involved the scope of a waiver when a condominium corporation settled a claim with their insurer. In the Ontario Court of Appeal decision of […]