Shawn Pulver, partner at Macdonald Sager Manis LLP in Toronto presents insights into legal issues relevant to owners, residents, Boards of Directors and property managers of condominiums in the province of Ontario. However, the condominium corporation can’t also impose a random fine ($500 or $750) against the owner.

Can a condo board reject a buyer?

Condo and homeowners’ associations have a right to accept or deny potential owners or tenants. However, rejected buyers and renters may think that the association’s decision is discriminatory and sue the association.

Is a condo considered private property?

A condo is a form of private housing whereby individual portions of this land is owned by different owners. Aside from individually owned apartment units, there are common facilities shared by all unit owners such as the hallway, elevator, lobby and exterior areas like swimming pool, garden and gym.

What is the difference between a declaration and a law?

The Declaration is the Big Dog or the Master of the documents, if you will. It is the document that, among other things, establishes the association, contains the use restrictions, the maintenance requirements, and defines the common elements. The Bylaws set up the corporation and how it is to be run.

Is EC cheaper than private condo?

EC is price relatively cheaper than private condo because of the many criteria imposed by HDB on EC purchases. Price could be as much as 20% lower. And to add to this, EC Buyers can get a grant from HDB, if they are first time applicants to EC, this makes buying EC more affordable.

What makes a declaration legal?

A declaration is a written statement submitted to a court in which the writer swears ‘under penalty of perjury’ that the contents are true. That is, the writer acknowledges that if he is lying, he may be prosecuted for perjury.

Can a single buy EC?

Unfortunately, a single citizen can’t buy a new EC unit alone. However, he or she can opt to purchase a resale EC or even a private condo if it’s within the budget. As a single, you may purchase a resale EC or private condo.

What goes in a declaration?

declaration should date and sign at the signature line and write the place where s/he signed the statement. Declarations do not have to be notarized. The witness is swearing the statements are true under the penalty of perjury.

Condominium corporations in Ontario are not permitted to fine owners who breach the condominium documents. Fines are, however, permitted in many U.S. states and also in British Columbia.

Can a condo owner be on a board of directors?

Condo owners that aren’t residents sitting on a board of directors might not be as effective on the board, simply because the decisions will not directly affect them. Whereas a condo resident, living on the property, might seem more invested in all affairs pertaining to his home.

What happens if condo board fails to take action?

By failing to take steps against the perpetrators, the board made itself an obvious target. Condo boards have a unique position and obligation to ensure that their community remains a friendly place. This decision is clear proof that there may be serious consequences for failing to fulfil that important responsibility.

Can a president of a condo board set goals?

“They should be treated like any other board member, and it also means they don’t have special powers in terms of setting goals and leadership initiatives. Usually that happens because there’s an overzealous board member—it doesn’t have to be the president—who’s trying to go around acting like the rules enforcer.

Can a condo board be indecisive about bullying?

It’s a must-read. While condo and co-op boards are not expected to be kindergarten teachers and referee every dispute between residents, the lesson from this decision is that boards cannot be indecisive or indifferent when a member of their community is being targeted and the board has the means to make a meaningful difference.