Part 22 - 01/05/2008
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Jurisdiction: Part 22 - 01/05/2008
HOT TOPIC: ALBERTA COURT ORDERS THAT TENANTS BE SUBJECT TO CONDOMINIUM CORPORATION APPROVAL
A Court in Alberta has imposed special restrictions upon a landlord who has had a history of selecting “bad” tenants. Henceforth, that landlord’s chosen tenants must be approved by the condominium Board.
To my knowledge, this is a first in Canada – but I’m guessing that it may not be the last time we see such an order.
On many occasions, I’ve been asked about the idea of adding such a “tenant screening” provision to a condominium’s Declaration, By-laws or Rules. There is room for debate about the validity of such a provision. But, leaving that issue aside, I’ve also felt that such a provision could be “dangerous” because of the risks of a claim against the condominium corporation in the event that a tenant is in fact rejected by the Board. [One can imagine claims for lost rent and perhaps claims of Human Rights violations.] Screening tenants could be a risky business.
But I wonder: Are these risks reduced if the screening is authorized, in relation to a
Jurisdiction: Ontario 2008 Part 22 - 01/05/2008
York Region Condominium Corporation No. 772 v. Lombard Canada Ltd. (Ontario Court of Appeal)
Insurer unsuccessful on appeal
Jurisdiction: Ontario 2008 Part 22 - 01/05/2008
Toronto Standard Condominium Corporation No. 1703 v. 1 King West Inc. (Ontario Superior Court of Justice)
Additional discovery and production rights arise when condominium corporation sues on behalf of owners
Jurisdiction: Alberta 2008 Part 22 - 01/05/2008
Condominium Plan 7722911 v. Marnel (Alberta Court of Queen's Bench)
Owner ordered to remove window tinting
Jurisdiction: Manitoba 2008 Part 22 - 01/05/2008
Winnipeg Condominium No. 30 v. The Conserver Group Inc. (Manitoba Court of Appeal)
Limitation period extended
Jurisdiction: British Columbia 2008 Part 22 - 01/05/2008
Sidhu v. Owners Strata Plan VR1886 (Supreme Court of British Columbia)
Modifications not approved by strata corporation
Jurisdiction: Ontario 2008 Part 22 - 01/05/2008
Metropolitan Toronto Condominium Corporation No. 1143 v. Li Peng (Ontario Superior Court of Justice)
Condominium corporation obligated to resolve disagreement through arbitration
Jurisdiction: British Columbia 2008 Part 22 - 01/05/2008
Smith v. The Owners, Strata Plan VIS4673
Court considers validity of By-law reducing assessment for unimproved strata lots
Jurisdiction: Alberta 2007 Part 22 - 01/05/2008
The Owners: Condominium Plan No. 822 2909 v. Li (Court of Queen?s Bench of Alberta)
Owner not responsible for deductible relating to water escape damage. However, special conditions imposed respecting owner’s selection of tenants.
Jurisdiction: Alberta 2007 Part 22 - 01/05/2008
934859 Alberta Inc. v. Condominium Corporation No. 0312180 (Court of Queen's Bench of Alberta)
Condominium corporation had not acted unfairly. Condominium corporation successful on appeal
Jurisdiction: British Columbia 2007 Part 22 - 01/05/2008
Shaw Cablesystems Limited v. Concord Pacific Group Inc. and Novus Entertainment Inc. (Supreme Court of British Columbia)
Statutory easements in favour of strata lot owners do not entitle owners to install new services