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What does condominium law say about loud pets?

When searching for a condo, buyers should consider if a prospective unit will also be a comfortable living situation for any children or pets. With regards to the latter, condominium law and condo board regulations may be in place regulating the types of pets or pet behaviour allowed in a building. Those who own an Ontario condo and have a concern about a neighbour's pet or their own should be aware of these rules.

Those who have concerns regarding negligent pet owners in their building likewise need to understand what rules exist according to their condo board. Those who feel rules are not being followed should write a letter of complaint to the condo directors. It is a good idea to put everything in writing in case issues escalate.

How condominium law can protect buyers with status certificates

Real estate buying and selling involves a great deal of paperwork. It can be tough to go through all the forms and certificates and understand which details are most important. For people investing in condos rather than houses in Ottawa, there are some extra specific steps needed according to condominium law. A status certificate is one such consideration.

A unit's status certificate includes key information about the unit that one is purchasing. It also includes information about the condo corporation as a whole. Many real estate agents advise making a condo purchase conditional based on the information on the status certificate. This helps protect a buyer from revelations that the document may later unveil.

Condo bylaws prevent Ottawa woman from charging new electric car

Many Canadians are looking for ways to live more environmentally-friendly lives. However, those living in a residence where condo bylaws apply may face challenges in doing so. When making lifestyle changes, such individuals must be considerate of the agreements for renovations and energy use. A resident of Ottawa learned this the hard way when she was ordered to pay extra for the hydro she was using to charge her hybrid electric car in the building parking lot.

The Ontario homeowner was told that plugging her new vehicle into parking lot outlets was against condo bylaws. The regulations only allow block heaters to be plugged into these outlets. In response, the property manager shut the terminal down to prevent her from using energy in the lot.

Condo Authority of Ontario - Services, Fees and Implementation

Almost two years ago, the Protecting Condominium Owners Act, 2015 was passed by the Ontario legislature. This legislation enabled the creation of two new condominium administrative authorities: The Condominium Management Regulatory Authority of Ontario and the Condominium Authority of Ontario ("CAO").

This blog post will focus on the CAO, its anticipated role in the community and the fees associated with its administration.

Carleton Condominium Corporation No. 396 v Burdet, 2016 ONCA 394

The Condominium Act, 1998 (the "Act") stipulates that when a condominium owner accumulates arrears in respect of their required contributions to common expenses, the condominium corporation has a lien against their unit. The lien expires three months after the default that gave rise to the lien occurred unless a certificate of lien is registered within that time.

However, this does not mean that a condominium corporation is barred from pursuing the arrears altogether if a certificate of lien is not registered within the three month period.

The Objective Approach to Rescission in Franchise Disclosure Cases - Mendoza v Active Tire & Auto Centre Inc.

Purchasing a franchise is a major business decision. The Arthur Wishart Act (Franchise Disclosure) ("the AWA") recognizes this fact and seeks to assist prospective franchisees by imposing strict financial and other disclosure requirements on franchisors. The legislation is aimed at ensuring that franchisees have sufficient information to decide whether or not they wish to enter into a franchise purchase transaction. If a franchisor fails to abide by the disclosure requirements contained in the AWA, then the franchisee may elect to "rescind" the franchise agreement altogether. Depending on the circumstances, the franchisee may also be entitled to damages.

Real estate: Ontario court rules neighbours share maple tree

Neighbours in Ontario can live in peace and harmony for many years -- until one decides to cut down a tree that is shared by both. Real estate issues such as this can lead to costly litigation and, along with ending a friendship, may cost thousands of dollars in legal fees. One such dispute arose between neighbours over a maple tree and ended in a court battle in 2012.

A resident in whose backyard the maple tree was growing obtained an arborist's evaluation and a permit from the city. The resident then proceeded to plan the removal of the tree. However, her neighbours objected, arguing that the tree belonged as much to them as to the woman on whose property the tree was located. It was determined that the roots, trunk and branches all grew across the border of the land, thus making both neighbours owners of the tree.

Relief From Forfeiture Granted Where a Tenant Failed to Deliver a Timely Written Notice of Their Intention to Renew the Lease

In Veloute Catering Inv. v. Bernardo, 2016 ONSC 7281 (S.C.J.), Veloute Catering Inc. (Veloute), the tenant, and Bernardo, the landlord, entered into a lease in 2011 for a 5 year term with a right to renew for a further 5 year period. The lease required that the right to renew to be exercised by October 20, 2015.

On at least two occasions Bernardo told Veloute that, in effect, the lease would end in April of 2017 rather than April 2016 meaning that, at least in Bernardo's mind, the right to renew only had to be exercised by October 20, 2016 and not 2015. One was by way of letter dated April 29, 2015 and the other was by way of text message sent November 10, 2015. After the text was sent, both Veloute and Bernardo checked their respective copies of the lease and satisfied themselves that the lease was ending in April of 2016.

Is a franchise a suitable business option for an entrepreneur?

Building a business from nothing can be a time-consuming process without guaranteed results. Many Ontario entrepreneurs start with a franchise of an already successful enterprise, hoping to skip the initial difficult years. However, purchasing a franchise comes at a price. In return for the franchisor's expertise, the franchisee (the person buying the franchise) typically pays a substantial price.

The franchisee buys a license to operate a franchise according to a set of rules provided by the franchisor. The advantage is that the franchisee benefits from an established brand name and ongoing advertising by the franchisor. Staff training is often provided, and a prescribed operating system must be followed. The franchisee can typically buy supplies in bulk from an already-established supply chain.

Wills and estate planning tools are not just for older Canadians

If one were to ask most people in Ontario, they would probably say they hope to live to a ripe old age and pass away peacefully. When people think about wills and estate planning, many consider these important for older men and women who want to pass along their estates. Yet, not everyone is fortunate enough to enjoy an extended lifespan. Having one's estate planning in place can help protect the future of a young family in the event of a tragedy.

There are many ways to provide for a family and simplify the estate planning process. Start by creating a comprehensive list of all known assets and decide on the disposition of each asset individually. Even a modest estate can prove to be complicated if a person dies without a will or if provision is not made for every asset of the estate.

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