Condominium Manager Magazine

Ontario’s condominium stock is aging. As buildings move into their second, third, and even fourth decades of service, maintenance issues are becoming more frequent, more complex, and more expensive to resolve. Boards and managers understandably focus on fixing the problems in front of them, but an equally important task is often overlooked: keeping clear, contemporaneous records of the maintenance decisions made and the actions taken.

Suppose you are a property manager or board member of a condominium corporation. A unit owner refuses to comply with its obligations under the Condominium Act, 1998, S.O. 1998 c. 19 (the “Act”). What are your options? This scenario came before the Ontario Court of Appeal in the recent decision of Halton Condominium Corporation No 61 v. Kolarovaliev, 2024 ONCA 848 (“Halton Condominium”), which involved a dispute between a resident and the condominium corporation over a no smoking rule.

In the property management industry, where everything is intensely competitive, a critical question is whether or not a property manager is entitled to switch from one property management company to another and, at the same time, continue servicing the same condominium building with the property manager's new employer...