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Condo News
18
March 2019

Ontario: Saugeen Shores woman charged in alleged condo fraud
A 54-year-old Saugeen Shores woman, Robin Rudolph, faces numerous charges including five counts of make a forged document, five counts of personation with intent and three counts of fraud under $5,000.

The Condominium Authority of Ontario has revoked the licence of the accused property manager.
https://bit.ly/2CljDg9

The Gaddafi condo: Redecorated at SNC-Lavalin’s expense, luxury Toronto suite sits unused amid UN inaction
A downtown Toronto condo, a dictator's son, the UN and a Canadian company involved in corruption. This story has everything.
https://bit.ly/2HAWTMA

Milton council greenlights highrise condo development near GO station
I can't see me buying a condo in MIlton. A freehold house, sure, but a condo?
https://bit.ly/2W557k3

Caught on camera: Masked suspects break into condo mailboxes
Caught on camera is not the same as caught by police. Theft from condo mailboxes is fairly common. Have your mail picked up every day. Get a neighbour to do it if you are not able.
https://bit.ly/2Cstalr

Elevators let you down?
Legal article on the condo's responsibilities with elevator maintenance.
https://bit.ly/2T8DeWf

Orlando condo dispute ends with conviction for stalking
It is rare to have a horrible neighbour like this one.
https://bit.ly/2F2ZpIf

Improper voting discovered at Methodist vote on gay clergy
Since even churches have trouble with vote rigging. So how can we trust condos to be ethical.

“The polity of the United Methodist Church presumes trust,” she said. “The last several years, the ethos of the denomination has been characterized more by mistrust and misunderstanding.” 
https://nyti.ms/2JdYQ40

Greenville County court issues bench warrant for arrest of Simpsonville man in HOA dispute
Going to jail over a stupid beef with his associaltion board.
https://bit.ly/2W7ustH

Renting an Airbnb condo
I am taking another trip to China next month so I started looking at hotel rooms and a few Airbnb listings in Harbin.

The short-term rentals can be a nice experience as you get to see the inside of new and older Chinese condo units. However, they are often more expensive than hotel rooms. If there is a problem with the Airbnb unit, too bad. If you rent a hotel room and there is a problem, you can switch rooms.

And then, when you turn on the translations for the Chinese and Russian reviews, you may find comments like this one:

Evelyn, February 2019
This room is very cozy and comfortable, perfect for 2 people. Lots of cute finishing touches.

There is one major issue with this Airbnb, which is not the hosts fault but people need to know. Every morning from 4:30 am-630 am, there is insane non-stop horn honking on the street below. It’s not regular horns on a busy main street. It sounds like 30 people are playing a game of “who can keep your hand on the horn for the longest time before it breaks”. We could not understand why people would do this every morning.

We asked neighbors and they let us know that the seafood market next door gets their shipment early in the morning so they honk every morning.

We are not light sleepers and still we woke up every morning extremely frustrated. If you are not a deep heavy sleeper, this will really affect your vacation.

Besides that the room is great for the price, just make sure to bring good quality earbuds!


By the way, 荔枝 is a Superhost
Superhosts are experienced, highly rated hosts who are committed to providing great stays for guests.
https://bit.ly/2TXYRgE



Condo News
14 March 2019
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Friedrich v. MTCC No. 101
Justice F. L. Myers ruled that it was open to the Appellant to prove that the Board’s decision was unreasonable by calling expert or security evidence. The plaintiff did not established a breach of the applicable standard of care.
https://bit.ly/2XU8Rq7

The battle rages on…
Leslie Arthur Swan claimed that he was defamed by the Respondents as a result of the wording of a published notice for an owners meeting to consider his removal as President of the Board of Directors.

For a man who was president for only three months, six an a half years ago, he sure stirred things up.

What is also interesting is that, after a successful assessment, the condo's legal bills were cut in almost half.
https://bit.ly/2SW4iYF

You can read the court decisions here:
https://bit.ly/2VTwEEG
https://bit.ly/2HfeR7R
https://bit.ly/2XRrJGl

Blog: Are Ontario's condos well governed?
I'd like to take the opportunity to explore condo governance from three different angles - as an owner, board director and property manager.
https://bit.ly/2XTfVDy

The growing demand to install video doorbells in multifamily buildings
To be or not to be allowed.
https://bit.ly/2THcy3q

It's called 'The Cramper' and it could provide a safe space for the homeless
It looks like a gardening shed on wheels, but it turns out it's giving one formerly homeless man a place to sleep.

"Welcome to Chateau Dan," said Brian Donlevy, gesturing towards the white shed parked between a car and a tree, just behind some recycling bins at the rear of a home in the west end of Toronto.

Whatever Toronto will end up doing for the chronically homeless, it will not be cheap shelters that look like large dog houses.
https://bit.ly/2VPU6D5

A guide to improving and using institutional memory
The problem can be that these new board members do not realize they are taking over an institution that has existed for a long time. There were many boards before them, and while you might disagree with how they did things, the simple fact is that they had years of experience. They talked to vendors. They answered owner questions. They set a budget and collected assessments. And each of those tasks and events gave them some experience. They provided information. They created things to remember. They establish an institutional memory.
https://bit.ly/2Tx7wXM


BC Strata (condo) shuts down pool, hot tub
Isn't it interesting that the ones who do not use the swimming pool are all for shutting it down.
https://bit.ly/2F9WLBV

Facial recognition piloted in Beijing's public rental housing
A facial recognition system has been piloted to prevent subletting in public rental housing projects in Beijing since the end of last year.

The facial recognition technology can prevent beneficiaries of the government-funded housing from renting their apartments to others for profit, and ensure the safety of residents by denying access to strangers, said an official with the Beijing affordable housing construction and investment center.
https://bit.ly/2HuaZPs

Understanding Chicago's condo's 2018 proposed budget
The good news is the proposed assessment increase is “only” 5.156%.  The bad news the total assessment increase, including both actual and deferred assessment increases, is 26.348%. And the worse news is Cumulative Deferred Assessment Increases, which will need to be phased in over the next 1-4 years, are now 40.433%. This is because State Parkway’s two biggest expense line items — Net Garage Operations Losses and Reserve Contribution — are each still spiraling out of control.
(I love the three digits putting the numbers into the thousands of a percent. The percision of it all.—Condomadness)
https://bit.ly/2EPLcyo

Homeowners wrangle with strata (condo) as complex goes to rot
Buying a condo in a third-world country can be very risky.
https://bit.ly/2J2ZxNb

Condo News
10
March 2019
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Superior Court decisions
Hemming v. JAZZ.FM 91 Inc.
An owner of a non-profit got a court decision stating that the corporation must supply the owner with all the owners' e-mail addresses. The goal was to support democracy. Will this ruling affect condos? Maybe.
https://bit.ly/2HoXCQX

Here is a news report on this decision.
https://bit.ly/2C6cMXK

Walsh v. Badin
Another defamation case brought on by nasty condo politics. This motion to dismiss the Application was unsuccessful.
https://bit.ly/2VGeshN

Update: Improper use of the indemnification clause
A general indemnity clause may not allow a condo corporation to lien a unit to collect its legal costs.
https://bit.ly/2TmYjRX

What happens if you’ve delayed in bringing a court claim? Here’s a case that you should know about
The Court of Appeal found that the homeowners did not know that litigation was an appropriate means of seeking a remedy until it became clear that the septic installer was not going to follow through on his promises to address the issues.
https://bit.ly/2tSu6La

Has the court lowered the threshold for approving by-laws?
I certainly hope that this is not the case.
https://bit.ly/2XCSezf

CAT decisions
Browne v PCC No. 94
The Tribunal directs PCC #94 to provide to Ms. Browne records & costs plus a penalty.
https://bit.ly/2HiStJY

Lahrkamp v MTCC No. 932
Costs award: The condo wanted $21,299.94 & got $2,500.
https://bit.ly/2SIYwtq

Emerald PG Holdings Ltd. v MTCC No. 2519
A mixed decision. The worse part is that the owner must pay $0.20 per photocopy and $60 per hour. I don't think anyone in property management makes $60 an hour.
https://bit.ly/2NLY8cL


Bed Bugs, Revisited: Tiny Pests, Big Problems
A lawyer writes that the city of Chicago has a Bed Bug Ordinance that condo corporations must follow.
https://bit.ly/2C4Ufek

Fieldstone Farms HOA in Rock Spring, GA lawsuit experience
Imagine one day out of the blue getting served with a  lawsuit. You don't understand how and why. Your whole world seems to  have been suddenly turned upside down and inside out.
https://bit.ly/2C6Woq2

Condo News
07 March 2019
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The cold hard truth about enforcing strata (condo) liens

One of the hardest parts of my job is collecting unpaid strata fees and special levies from condominium homeowners. I am talking about the owners who have a lien on their property for a small amount of money with no possible way of paying it. Those cases break my heart.  Sometimes.
https://bit.ly/2twsFSu

Leaky condo owners wonder: Where's the accountability?
Calgary: Once word gets out that you're dealing with a leaky condo, there are very few owners who want to talk about it. And emotions can run high.

A woman who identified herself as a member of the condo board was upset after seeing the CBC taking pictures and video of the building. "If you're not invited by the board, you can get off the property!" she shouted.

According to a report that looked into the problems in 2016, the estimated cost of repairs was $3.2 million. The condo board imposed a special assessment, requiring owners to foot the bill.
https://bit.ly/2SvxmG5

Airbnb properties used in prostitution ring, Victoria police warn
Police are advising the public to verify the identification of short-term renters and also recommend turning off the “Instant Booking” setting on the Airbnb website or app.
https://bit.ly/2SA9CAP


Reserve Fund—Positive Cash Flow—Build it up or Use it up?
When a board member, or even the entire board of directors, of a condominium corporation request from the engineer to remove, or defer a major expenditure such as:
• Roof Replacement;
• Building Restoration;
• Garage Rehabilitation;
• Mechanical, Electrical, Elevator Upgrades or Other Common Elements.
so that they can keep their Reserve Fund Contribution lower for a longer time. What do you do? Just say NO.
https://bit.ly/2tSV9WA

Kansas special assessment conflict turns ugly
HOA professionals have the luxury of being able to walk away from the most dysfunctional communities. But homeowners cannot easily escape the turmoil.
https://bit.ly/2SBsMGr

Two more NYC condo buildings to dump 'Trump' sign
Owners Vote to Remove 'Trump Place' From Facade. It seems to be all about money. They loved the name when they thought it increased property values and then dumped the name when they thought it was hurting property values.
https://bit.ly/2SGD7kw


Ex-security guard convicted of 2nd degree murder of Chinese grandfather
Two years ago, a former Citywide Protection Service security guard, working for the River Walk homeowners association, shot and killed 60-year old Jiansheng Chen, while he was sitting in his minivan, playing Pokémon Go.
https://bit.ly/2C3PoKw

Names of fellow unit owners is public record
A legal Q&A column from Florida.
https://bit.ly/2He0iAF

What constitutes an emergency?
Maryland: When can a condo corporation enter a unit?
https://bit.ly/2VBvca4

Similar reports of association theft in both coasts on same day send message to Boards of Directors everywhere
Reports of association theft, fraud and embezzlement are no surprise to the South Florida community association attorneys at our firm, but two similar reports on the same day from communities on both the east and west coasts of the country drew our attention.
https://bit.ly/2XHtPbB

Condo towers targeted for takeovers
Australia: Short-term companies lease condo units and demand the proxy rights  from the owners so they can seize control of the Board of Directors. They even use threatening legal letters to intiminate the owners. Will or has this tactic arrived in Toronto?
https://bit.ly/2BUxGsx

Condo News
01 March 2019
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After Toronto's condo frenzy
In this Globe and Mail article (it is pay wall protected), the reporter talks about what happens now that the condo boom seems to be over. For one thing, condo prices appear to have peaked.

For developers and investors this will be bad news.

The report states that in 2017:
• investors bought 48% of all new condo units in the GTA.
• at least 44% of these investors were in a negative cash flow position.
• more than 34% of those were losing over $1,000 a month.
• 20% of those were losing between $500 & $1,000 a month.

The news gets worse. A survey conducted last November shows that 62% of investors in the GTA plan to list their units for sale over the next year.

For those who can't sell, I can see them turning their units into short-term rental properties.
https://tgam.ca/2GJZKTt

Reader's response
In response to my last newsletter. This condo is one of the 13 I wrote about.
Had our AGM last Monday. Lousy manager and board will not have it on weekends as we want it. I think Fridays or a Saturdays are their holy days maybe?

The all Chinese Board do nothing. They scrapped the Halsal Reserve Fund Study. No word on them having a new one?  No increase in monthly fees, The building is falling apart.

The water pressure dropped so toilets not flushing and no pressure for showers. The city says it is not their problem.  Thirty toilets including mine overflowed as they did not flush. We had to pay damages.

The horrors of the Landlord & Tenant Board
I can understand why so many condo investors have turned to short-term rentals. No meaningful government oversight, no leases and the possibility of a lot more money.
https://bit.ly/2UfOP7u

Dead person voted but no fraud charges coming after Hamilton police HWAD investigation
If Ontario political parties can't/won't stop election fraud in their nomination contests, then what hope do condos have?
https://bit.ly/2BVhBTI

Uptight HOA threatens fine after car leaves dick shape in snow
A Tennessee HOA tried to fine a woman because her Honda left a sort-of dick-shaped shadow in a light dusting of snow while it was parked. I wish I was kidding.
https://bit.ly/2T1pr8B

HOA in turmoil: President summons police to meeting, calls ‘new’ board a ‘cabal’
As soon as there is a Special Assessment, all hell breaks out.
https://bit.ly/2XqANSh

Items thrown from balcony, 'police assaulted' during out-of-control party in city's east
Melbourne: At the end of last year, a new "disruptive party" police squad was set up in response to a string of out-of-control party in rented properties, including one in which police broke up a gathering of up to 200 teenagers, some armed with knives, at a Point Cook property rented by a 15-year-old boy.
https://bit.ly/2VpmOu9

The day Airbnb came round to complain
Most of us who bought into or rented in residential apartments did so in the belief that, not withstanding the ups and downs of community life and all the compromises required, we were buying or renting a home, not a suite in a de facto hotel (only without all the security and supervision a real hotel provides).
https://bit.ly/2T1wIFE

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