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October 9, 2009 - By Patricia E. Elia

CONDOCENTRIC: Would You Like Fries With That?

Unfortunately it is not the exception in practice that we are asked to review contracts and other agreements on very short notice, often with the instant expectation that we will simply state that all is well. To practice in this way is irresponsible on the part of the lawyer, and …

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: The Bureau: A Missed Opportunity?

From development to the end-use state, the condominium community is fraught with conflict that must be addressed. What makes this industry ripe for creative, non-litigious dispute resolution is the need for healthy, ongoing relationships among most, or all, stakeholders involved.

 

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October 9, 2009 - By Marc Bhalla

CONDOCENTRIC: Beyond The Boardroom

Mr. Erwin E. Hart and Mr. Harry Bhalla have 30 years and 12,614 kilometres between them, yet they remain the best of friends.  Before Mr. Bhalla left Canada in 1997, he and Mr. Hart were both owners in the same condominium corporation. Out of a mutual concern with respect to …

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October 9, 2009 - By Patricia E. Elia

CONDOCENTRIC: Good Corporate Governance: Practice Tips

What is Corporate Governance?  Why is it important?  Corporate Governance refers to the system by which entities are directed and controlled. Corporate Governance is the set of processes and procedures by which an entity's objectives are established, achieved and monitored. 

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October 8, 2009 - By Richard A. Elia

CONDOCENTRIC: Parking Issues

Improperly parked motor vehicles on condominium property continue to create headaches for condominiums, unit owners, and their guests. To complicate matters, many municipalities are in the process of redrafting their parking by-laws. The city of Toronto, for example, has a new parking by-law, which is scheduled to come into effect …

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October 8, 2009 - By Richard A. Elia

CONDOCENTRIC: The Shortage of Lawyers in Kingston

In a letter to Shirley Ballantyne, a member of the ACMO Regional Committee in Kingston, Richard Elia, LL.B., addressed the apparent problem of a shortage of experience condominium lawyers in the Kingston area.  A copy of Elia’s letter was received by CM Condominium Manager and we think it will be …

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October 8, 2009 - By Richard A. Elia

CONDOCENTRIC: The Standard Unit By-Law: What it is - NOT!

From inquiries that I continue to receive, it appears that there is still some general misunderstanding concerning the purpose and limitations of the standard unit by-law.

A Standard Unit By-law IS:

1. A means of determining what constitutes an improvement to a unit (and might include floor coverings, …

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October 8, 2009 - By Richard A. Elia

CONDOCENTRIC: INSURANCE: Case Law Revisited

CASE 1: Miluzzi v. York Condominium Corporation No. 60 (1996 – Small Claims Court)

The facts in this case are straightforward: The plaintiff’s unit was flooded; the plaintiff’s insurer repaired the damage and sought recovery from York Condominium Corporation No. 60. The primary issue was whether condominium insurance can exist with …

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October 8, 2009 - By Mark Shedden F.C.I.P.

CONDOCENTRIC: DIRECTORS AND OFFICERS LIABILITY INSURANCE - Claims Made Form

With the increasing responsibility being placed on directors and officers of residential condominium corporations, there appears to be an increasing number of questions surrounding the Directors and Officers’ Liability (“D&O Liability”) coverage provided under a condominium corporation’s policy of insurance.

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October 8, 2009 - By Richard A. Elia

CONDOCENTRIC: Property Managers and Professional Advice

Imagine the following scenario: A Director is concerned about the actions being taken by the Board and by property management, particularly regarding the adamant refusal to retain the services of a lawyer from time to time. The cautious Director retains, at his own expense, a condominium lawyer to attend at …

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