Monday, November 14, 2016

New Improved Land Transfer Tax

Great they reduced land transfer tax exemption for First Time Buyers from $2,000 to $4,000. 

For every dollar over and above that, the rate will rise from 2 per cent to 2.5 per cent. But the tax on the portion of the purchase price between $400,000 and $2 million will remain at 2 per cent. 
Big House buyers pay more!

Are you ready to buy?

Call me 

647 218 2414

Tuesday, September 13, 2016

Condominium Ownership ~ WHAT you need to know!

Are ALL real estate agents like this?

Real Estate Industry
Consumer education is not a hallmark of Canada’s real estate industry. Purchasers are commonly warned that insisting on a home inspection may jeopardize their offer, and there is little, if any, formal training in building technology required to become a real estate agent. Explaining the potential pitfalls of a glass condo tower building may be in the best interest of the buyer, but not the agent. How much should real estate agents know about buildings, and how much of this should they divulge to prospective buyers? One way to approach an answer to this question is to compare what real estate agents charge for their services compared to the architects who design the buildings. Typically, real estate agents receive a 5% commission on their sales, whereas architects receive on average approximately 8% of the value of the building as their total fee, which is shared with their engineering consultants. Architects are obliged to know everything about the buildings they design and are professionally liable for errors and omissions. They must also provide expert opinions to their clients for all aspects of the buildings they design.

Why should real estate agents not be required to possess a competent knowledge about the buildings they are selling?

Buyer beware would not be considered an ethical position for architects and engineers serving the public. Compared to all of the work involved in designing and specifying the various components, assemblies and systems that make for a modern building, it is not unreasonable to expect real estate agents to be forthcoming with vital information about the durability and operating costs of the buildings they are selling. Explaining the potential problems associated with glass condo towers that have been identified by technical experts to their prospective buyers, would be no different than a general practitioner explaining the risks associated with certain medications and procedures to their patients. The real estate industry has not taken a proactive approach to such issues yet it is usually the first point of contact for consumers of real estate.

Would you like to talk about Tarion? Reserve Fund Studies or Performance Audits?

I have condo Board experience as well.


Condominium Ownership WHAT you need to know!

Wednesday, September 7, 2016

Telecom access in a condo building

Clear decision from the courts on the limitation of cable and internet services provided inside condo buildings

You cannot exclude a service provider.

In a recent decision, the Canadian Radio-Television and Telecommunications Commission (“CTRC”) threatened to cut off all telecommunications services to a condominium building if the condominium corporation did not provide timely access on reasonable terms and conditions to a fourth telecommunications service provider (“TSP”).
There were already three TSP’s providing services to TSCC No. 2322 (the “Corporation”). Discussions between the Corporation and Beanfield Technologies Inc. (“Beanfield”) failed to result in any access rights being granted to Beanfield. The Corporation’s position was that:
§ The building’s infrastructure could not accommodate Beanfield’s network, as there wasn’t sufficient capacity in the existing conduits for Beanfield’s fibres;
§ Allowing Beanfield to install additional conduits (which Beanfield offered to do at its own expense) would cause unnecessary disruption to residents;
§ If access was given to Beanfield to construct additional conduits, the construction would have to be done by contractors approved by the Corporation;
§ As there were already three TSP’s in the building there was sufficient competitive choice for residents to select a TSP.
Beanfield brought an application to the CRTC requesting that the CRTC require the Corporation to provide access to Beanfield. Beanfield also requested that access be granted on commercially reasonable terms as set out in either its standard access agreement or in the access agreements which the Corporation had previously entered into with Bell or Rogers.
The CRTC determined that at a minimum Beanfield should be entitled to access from the street to the building’s main terminal room, access to the units upon request for its services, plus access required for the purpose of installing, operating, maintaining and replacing Beanfield’s facilities. However, the CRTC felt that it was not appropriate for the terms of either the Bell or Rogers contract to apply as Beanfield was not entitled to benefit from negotiations in which it did not participate.  The CRTC also did not support the Corporation’s position that Beanfield’s installations could only be carried out by contractors approved by the Corporation, on the basis that this was a term that the parties should negotiate between themselves.
Ultimately the CRTC did not order the Corporation to provide access to Beanfield. Instead, the CRTC left it to the parties to finalize negotiations for access, with strong negative ramifications for the Corporation and in particular, the residents, if Beanfield was not granted the access rights as described above:
§ If access is not granted to Beanfield within 60 days, then the existing TSP’s would not be permitted to provide services to any new resident of the condominium or to any current resident who was not an existing customer of the applicable TSP.
§ If access is not granted to Beanfield within 90 days, then the existing TSP’s would not be able to upgrade or modify the services currently being provided to existing customers.
§ If access is not granted within 120 days, then the CRTC would consider either issuing an order requiring that access be granted to Beanfield or alternatively, issue a decision that the existing TSP’s would no longer be permitted to provide any services to the condominium residents.
The CRTC decision was aimed at facilitating competition and maximizing consumer choice, so that residents would be able to select the TSP of their choice regardless of the type of dwelling in which they resided.
This decision by the CRTC puts all condominium corporations on notice that they cannot deny timely access on reasonable terms and conditions to any new TSP.

Technology changes everything.

Time to sell?
Call me

David Pylyp
647 218 2414

Friday, May 27, 2016

Beware of Renting your Condo as AirBnb

Your mortgage does not say You are permitted to rent as a commercial landlord; then you would be a commercial investor like Trump Tower  [how many people couldn't get financed]

Your mortgage requires you to stay within the provisions of your Condo By Laws.   If you contravene your by laws your mortgage is considered in default.

In the condominium sector, where, according to Gerald Miller, a managing partner at Gardiner Miller Arnold LLP, 80 to 90 per cent of Canada’s Airbnb market is concentrated, there are definite risks for lenders – and homeowners.
“If you contravene the declaration of bylaws and rules of the condominium corporation,” he points out, “that means you’re offside here. It means you’re in default of your mortgage, because the corporation can take action against you and whatever costs are incurred; they can lien your unit.”Mr. Miller says Airbnb renters flew under the radar for the first few years of the service’s operation, “but now it’s become mainstream. It is everywhere. So in the end when you are exposed you could have a problem. You either stop doing it or you are going to have a problem, not only with the condominium corporation, but with your lender as well.”

What's the lesson?

Get Factual advice.   Follow the By Laws and Have the correct Financing in place.

Can we talk?   Call me. 

Professional Tenant Defrauding Landlords

Professional Tenant Defrauding Landlords
May 17, 2016 -- It has been brought to TREB's attention that the firms Handsmith Advocate and Paralegal and also Provincial Paralegal are currently in litigation with a sophisticated Professional Tenant involving multiple rental units.  There is reason to believe, based on a pattern of activity, that there may be more rental units involved and currently in this Tenant's possession. 
As this individual's MO is consistent based on four (4) known cases so far, it is the firms' belief that releasing the individual's profile may lead to the discovery of other units and will also perhaps interfere with future attempts by this individual to defraud Landlords.  The number of new cases is increasing daily, as it is clear this individual is attempting to grow by increasing the number of units in their possession.
The profile of the Professional Tenant is as follows:
They are primarily using RECO registrants to locate target properties in the downtown core of the City of Toronto.  The individual is targeting furnished units as well as unfurnished units in condos in the $2000–$3000 price range.  The individual presents as mild-mannered with a gentle demeanor.  The individual claims to be a senior director of an alleged charitable organization.  They use a letter of employment from the alleged charitable organization claiming a sufficient annual income to be able to afford the unit.  The Tenant uses a variety of phone numbers on the letter of reference, and if you try to contact the number to confirm the details, you are told the person is not available, but asked how the person who answered may help you. Then they proceed to confirm the details of the alleged employment and confirm that you are in fact speaking to the Tenant.  The alleged charitable organization has a polished looking website; however, what is notably missing is the Revenue Canada registration number for charitable organizations.  A search of the Revenue Canada database yields no record of any such organization.  The phone number to the alleged reference is in fact one of the numbers used by the Tenant. 
The tenant will pay one month's rent with the promise to pay the last month's rent deposit at a later date, which never comes.  They will generally stop paying rent as of the second month.  In some cases, both the first and last month rent cheque will bounce after they have gotten possession.  The Landlord will receive calls from the Condo's Property Management office with complaints that the Tenant appears to be engaged in running an Airbnb from the unit, with reports of numerous unidentified individuals accessing the unit on an ongoing basis, and this will begin immediately after the Tenant takes possession.  Often Condo Corporations have rules regarding short-term rentals and Condo owners find themselves in trouble for the conduct of the Tenant.
The Tenant has sufficient knowledge of the Landlord & Tenant Board process to know how to cause significant delays in their proceedings.  They have also become very covert in concealing their advertisements, as the first case was successful at obtaining the evidence of their activities.  Generally speaking, they will post their advertisements for short periods of time on one of (17) different sites used to promote Airbnb units, until they get a hit. Then, they will pull the advertisement down immediately so as to make it difficult to gather the necessary evidence of their conduct.  The Tenant will continue to not pay rent while rerenting the unit out on a per diem basis at a rate usually in the range of $125–$175 per night.  Currently, the rent arrears collectively between the (4) known cases are in the in excess of $25,000.00. 
This serves as a reminder to always be vigilant about these kinds of situations and to conduct detailed reference checks on all potential tenants to protect your clients.

I would take notice


David Pylyp

Monday, May 16, 2016

Guidelines for measuring Square footage

The CBC investigation found realtors had varying approaches to measuring home size and the guidelines were open to interpretation.
Some measurements, for example, included patios and balconies while others even counted decks and condo parking spaces.
The new measurement standard instructs realtors to:
  • Identify if the measurement system is metric or imperial, and apply it consistently.
  • For single detached properties, measure the outside surface of the exterior walls at floor level.
  • For properties with common walls, such as half-duplexes, townhouses, and apartments, measure the interior perimeter walls (paint-to-paint) at floor level. An additional area representation may be made assuming exterior measurements.
  • Include floor levels that are entirely above grade and exclude floor levels if any portion is below grade. Below grade levels may be measured, but the area must not be included in the RMS (residential measurement standard) area.
  • Include all additions to the main structure and conversions of above grade areas within the structure if they are weatherproof and suitable for year-round use.
  • The property must have a minimum floor-to-ceiling height of 2.13 metres (7 feet). If the ceiling is sloped, the area with a floor-to-ceiling height of at least 1.52 metres (5 feet) is included in the RMS area, provided there is a ceiling height of 2.13 metres (7 feet) somewhere in the room.
  • Include extensions from the main structure that have a minimum floor-to-ceiling height of 1.5 metres (5 feet), such as cantilevers, bay and bow windows, and dormers.
  • Exclude open areas that have no floor, such as vaulted areas.
Glad the Matterport™ can create instant floor plans


Monday, April 25, 2016

Glass in Condos ~ The Glass is the wall

Especially, all that glass that's being used to build Floor to Ceiling glass views but it has Low insulating value, it is totally transparent to Sun and provides No insulating value to Glass.

Province of Ontario has implemented a maximum rule of 40% exterior glass effective 2014 Structural Design of Glass for Buildings that will limit the heat loss, tempering and layering, (how it shatters and falls) Heat Absorbing and Heat reflecting.

View Video for yourself

Condominium Buildings are required to produce Performance Audits on a 5 year cycle that help establish long term commitments for replacement and repair [Decide on the Remaining Economic Life of Components] These costs of replacement are factored into your reserve funds already. 

New Buildings will have less glass as an exterior feature and FEEL like the older condos where you placed your elbows on the window ledge and looked out.

Sure is pretty to look out the windows

Want a view?
Call, TXT or email

David Pylyp

Toronto Condo investors profit from low availabilty

Condominiums that are purchased / constructed after 1998 are exempt from Landlord Tenant Board rental guidelines.  The provisions of the RTA that deal with the maximum amount by which rents can be increased do not apply with respect to a rental unit if:
         It was not occupied for any purpose before June 17, 1998

– meaning it is either in a new building (often a condominium building) built since 1998, or an older building with a new unit or never occupied, residentially or otherwise, before June 17, 1998

The average one-bedroom apartment rent was $1,662 in the first quarter – up 4.8 per cent compared to the same period in 2015. The average two-bedroom rent climbed by 8.9 per cent to $2,375 on a year-over-year basis.

 Given the number of units that are being built; while everyone is concerned about a  bubble, the rents increasing because they are being absorbed by the market.

Would you like to invest?

Call or Text

David Pylyp

Sunday, April 17, 2016

Soaring Rents! Screen your Tenants

Average rental for a two bedroom in Toronto is $2,375.00
The [LANDLORD] couple has had to pay a $10, 000 deductible to fix other units [standard unit By law] in the building that was damaged, and it's not known if insurance will cover the rest. - See more at:

If this DEEMED a crime...   Then Insurance does not cover the costs.

The repairs would have been to the Building's Residents and their own Insurance.[quite possibly a special assessment]

Remedy?    Frequent visits to your tenant?
Invasion of their privacy?   Yes

David Pylyp

TXT or email

Tuesday, April 12, 2016

Multiple Offer Frenzy

In a multiple offer market we need to step back and make a few observations!

If you offer firm and without a financial commitment; you can lose your deposit.

If you offer without a home inspection; there can be unexpected repairs.

If you buy firm without a Status Certificate; your LENDER wants a report from your lawyer that everything is in order.

"Buyers NEED to recognize that “lenders may not approve financing if the property appraisal, conditions of the lands or building or any other factor pertaining to the property is not acceptable to the lender, even if a financing pre-approval has been obtained.”It also warns them that making an offer without a building inspection could lead to unexpected and expensive repairs later. 

These issues need to be explained in detail to you [ informed consent ] because there are real financial consequences. 

David Pylyp 
TXT 647 218 2414 or Email

Thursday, April 7, 2016

What is a Condominium?

Condominium was created in the 60's to describe that space that could be legally titled for mortgage and owner ship purposes.

Well that's my explanation.

But condo's have evolved to be business space, shared recreation facilities and even detached homes with a common element land ownership.

 The definition of “condominium” is no longer limited to the commonly held perception of a stand-alone residential apartment building. In Ontario, for example, the Condominium Act, 1998 created several new ways of structuring condominium projects such as Common Element, Vacant Land (known “Bare Land” in Alberta), and Phased condominiums.
The legal construct of the condominium is being stretched to new and creative uses in many markets, including urban, retail/industrial, suburban and recreational properties. Regardless of the type or structure, however, the essence of a condominium is that purchasers are buying one or more units, together with an interest in an active corporation, sharing both the benefits and the liabilities of that corporation.
In urban centres, a premium on downtown space and an abundance of developers’ creativity has led to such entities as mixed use “live/work” units and residential properties with an investment component, such as hotel condominiums, often with rental management agreements. In addition to the normal residential concerns, the purchaser may have to take into account business and tax considerations of their investment. The purchaser must also be aware of the exact nature of the condominium corporation’s business, and of the fact that not all investments turn out to be profitable

Yet Condo Ownership by design, affordability and preference seems to be in excess of 50% of the Toronto Real Estate Market.

Let's talk 

Did you OWN an URBANCORP condo?

Tarion has issued a Notice of Proposal (NOP) to revoke the registration of 17 Urbancorp related companies.  As the Registrar, Tarion has a duty to protect new home buyers by requiring builders to adhere to certain requirements in order to obtain registration, and ensure they continue to abide by ongoing obligations under the Act in order to maintain their licence.  The decision to issue this NOP was made due to the builder's failure to meet Tarion's ongoing registration requirements. - See more at:

During the post Performance Audit period  ( after a building is constructed engineers examine if it was done properly at your condo's expense, Performance Audit ) your builder has a BOND as security filed with Tarion to ensure there is sufficient reserve ( money ) available for repairs should they be required.

Recent Projects that were withdrawn are the Val in Etobicoke and the Kingsclub in Liberty Village.

Condo Deposits are protected by the Condo Act and Tarion. 

Are you considering a pre-construction purchase? Please, don’t go it alone. It doesn’t cost you any more to bring in your own Realtor and as wonderful as the sales staff may seem at the builders showroom / office, they work for the builder, not you.



Wednesday, April 6, 2016

Bubble Update 2016 There is no bubble

Good Perspective on the Lack of a housing Bubble in Toronto Canada

Canada’s hottest housing markets in Toronto and Vancouver have been called “dangerously unaffordable” and “pockets of risk,” but National Bank’s chief economist says there’s a good reason for the dizzying surge in home prices.
“Strangely enough, the alarmists fail to mention that the working age population is growing 70 per cent faster than the national average in Vancouver and Toronto on the back of strong inflows of highly educated immigrants who can more easily integrate [into] the job market ,” said Stefane Marion in a research note Tuesday.
More working age Canadians are opting to live in the two priciest real estate markets as labour trends increasingly favour large urban centers. Employment surged 5.5 per cent in Toronto and 4.4 per cent in Vancouver in 2015, while nationwide job growth was 0.9 per cent.
“The underlying force for housing demand is household formation. If your population aged 20 to 44 is growing, you have it. If it’s not, home price inflation is not sustainable,” said Marion.
The benchmark price across all types of homes in Metro Vancouver increased 22 per cent year-over-year in February, according to the Real Estate Board of Greater Vancouver. The average selling price in Toronto jumped nearly 15 per cent last month from a year earlier, according to the Toronto Real Estate Board.
Marion notes the price-to-income ratios for a 90 square meter (about 970 square foot) condo in Canada’s largest cities are a far cry from major cities around the world. Vancouver and Toronto are near 10. San Francisco is closer to 15. London, Beijing, and Hong Kong push the ratio close to 35.


Wednesday, March 2, 2016

Humber Bay Shore Proposed Pavilion

Humber Bay Parks Master Plan and Pavilion Project

On February 16th, the City held its first public consultation on this project, which featured a new 12,000 square foot Event Pavilion in Humber Bay Park East. Residents had serious concerns about the impact such a large Event Pavilion would have on the park’s flora and fauna. You are invited to read more about the project and submit your comments at - Deadline for comments is March 8.
The next public consultation is slated for summer 2016.

Tuesday, March 1, 2016

Humber Bay Shore Happenings  Condos for sale and building info

Humber Bay Shore A City of Condominiums

The Humber Bay Shores is a veritable city-within-a-city of condominiums at the foot of the Humber River. This desirable location sits right on the waterfront with exquisite views of the lake and Toronto skyline.
It is home to 25,000 residents.

.... plans are underway to create a pedestrian-friendly promenade along Marine Parade Drive, a waterfront walkway originally planned in 1890, with shops and restaurants across 20 acres of waterfront property. [Martin Goodman Trail ]

Which Condo would you like to see?

I love living here!   Would you like to?
Call me!

David Pylyp
647 218 2414

Friday, February 12, 2016

Smoking in your Toronto Condo? DENIED

“The old adage that ‘a man’s home is his castle’ is subordinated by the exigencies of modern living in a condominium setting.  Living in a condominium necessarily involves a surrender of some degree of proprietary independence and owners are subject to the collective’s bylaws and rules. At the same time, owners have the benefit of the bylaws and rules which provide a measure of control over their environment.”

New Laws coming within the By Laws that you can't smoke within your own condominium unit. 

The British Columbia Supreme Court recently ordered
a condominium unit owner to cease smoking in his unit in contravention of the strata corporation’s bylaws.
The unit owner was a 70-year old “life-long smoker”, who purchased his unit in 2002. In 2009 the strata corporation passed a bylaw which prohibited smoking in the building, including in the units. However, the corporation did not attempt to enforce the bylaw against the unit owner until 2013, after receiving complaints from other residents. Numerous notices of violations were sent to the owner, detailing the days and times when he was alleged to have smoked in the unit. As the British Columbia governing legislation permits strata corporations to impose fines on non-compliant owners, the unit owner was fined for his numerous violations and at the time of the court hearing the fines (which were unpaid) amounted to $2300. Despite the notices of violation and the fines, the owner continued to smoke in his unit. For that reason the strata corporation sought a declaration from the court that the owner was in contravention of the bylaw and an order that he immediately cease and desist from contravening the bylaw.
The strata corporation took the position that the owner’s ongoing smoking in the unit:
§ caused a nuisance and disturbance for other residents;
§ created health risks relating to second-hand smoke;
§ increased the risk of fire;
§ diminished the other owners’ use and enjoyment of their property due to the smell of smoke;
§ negatively affected property values; and
§ encouraged other residents to ignore the bylaw.
While the owner admitted that he smoked in his unit, he disputed the number of violations and claimed that he was being discriminated against due to his addiction to smoking and mobility problems which he claimed prevented him from walking off the strata property in order to smoke. Consequently, the owner filed a complaint with the British Columbia Human Rights Tribunal, claiming that his addiction to cigarettes and his mobility problems constituted a disability that the corporation was obligated to accommodate. The human rights case had not yet been heard when this decision was delivered.
As the owner admitted that he did smoke in his unit, the Judge readily concluded that the owner repeatedly breached the no-smoking bylaw. After noting that there were repeated violations of the bylaw by the owner, and that the strata corporation and the other owners had a reasonable expectation that the no-smoking bylaw would be enforced, the Judge ordered that the owner immediately cease and desist from smoking in his unit in contravention of the bylaw.

“The old adage that ‘a man’s home is his castle’ is subordinated by the exigencies of modern living in a condominium setting.  Living in a condominium necessarily involves a surrender of some degree of proprietary independence and owners are subject to the collective’s bylaws and rules. At the same time, owners have the benefit of the bylaws and rules which provide a measure of control over their environment.”

As noted by the Judge on more than one occasion, the owner did not challenge the validity of the bylaw. (In its zeal to impose the smoking prohibition, the corporation did not offer to grandfather any existing owners who smoked for as long as they continued to reside in their units.)  Had the owner challenged the validity of the bylaw itself, the outcome of this case may have been different.
 It will be interesting to see the decision of the Human Rights Tribunal, especially in view of the fact that human rights legislation prevails over other legislation in the event of a conflict.

If you live in a condo you agree to live by Condo By Law Rules

Thursday, February 11, 2016

Parking Disputes in a Condo

Posted: 11 Feb 2016 01:21 AM PST
In condominium living, the needs of the fewcoloured cars in parking garage 
must be balanced with the needs of the many. Compromise by owners and residents is necessary in order to achieve a harmonious condominium community. Where balance and compromise are missing, things can get very ugly.
A recent case, Couture v. TSCC No. 2187, illustrates how a dispute relating to condominium parking escalated out of control and it was up to the Ontario Superior Court of Justice “to unwind the tangled web that the parties wove”.
The Facts
The condominium consisted of 44 residential units, with just 32 parking spaces. The condominium declaration provided that the Board had the authority to assign the right to lease a parking space to unit owners in the condominium. The declaration further provided that: (i) leases would automatically terminate when the tenant ceased to be an owner of a residential unit, (ii) unit owners could not assign the parking leases or otherwise convey a parking space, and (iii) all motor vehicles parked in the parking spaces must have valid license plates and insurance and be in good working order. Unfortunately the condominium corporation did not document the parking arrangements with owners by way of written leases.
One unit owner kept a car with expired licences plates and no insurance in her parking space for several years. The Board then wrote to her demanding that she bring the car into good repair, insured and with active plates within 30 days. After no action or response to this letter (which the owner claimed she never received), a further letter was sent giving her an additional month to March 31, 2012 to bring the car into good standing, failing which her car would be towed to the street and the parking space leased to another owner on the waiting list. The Board also returned the owner’s two post-dated cheques for the combined monthly common expenses and the parking fee.
The owner took the position that the unwritten lease could be terminated only if she ceased to be the owner of a unit in the condominium and re-submitted her post-dated cheques. In any event, after receiving the second letter the owner had her car removed and sent to an auto repair shop – by doing so, she was no longer in breach of the declaration.
A couple of days before the Board’s March 31, 2012 deadline, the Board wrote to the unit owner that her parking privileges were withdrawn and her parking space was being reassigned to another owner. Once again her post-dated cheques were returned and she was asked to submit new cheques to cover only the common expenses. The owner refused to submit cheques for just the common expenses and the corporation refused to cash any of the owner’s cheques that included payment of the parking fee.
As a result, the unit owner fell into arrears in the payment of common expenses. In addition to the arrears, the corporation also sought to collect payment of its legal fees relating to the parking lease termination and correspondence from its lawyer relating to the multiple exchanges of the post-dated cheques.
After the unit owner delivered a notice of dispute in accordance with the mediation and arbitration provisions in the corporation’s by-law, the Board responded that the unit owner was a vexatious litigant and refused to participate in any mediation or arbitration proceedings. In doing so, the Board completely disregarded section 132 of the Condominium Act, which imposes compulsory mediation and arbitration of disputes between condominium corporations and unit owners.
Eventually, the corporation filed liens against the owner’s unit for unpaid common expenses and legal fees. The Board also imposed on more than one occasion an administrative fee in the amount of $250 (as permitted under the corporation’s by-law) against the owner for alleged harassment and alleged tampering with security cameras on the part of the owner’s husband.
This prompted the owner to commence legal proceedings against the corporation and its directors. The owner also moved out of her unit and eventually sold it to escape harassment from the Board.
The Outcome
The Court concluded as follows:
1. The corporation did not have any right to terminate the parking lease prior to the March 31, 2012 deadline set by the Board. However, as the owner did not show to the court that she suffered any loss or harm from the wrongful termination of the lease. no damages were awarded to the owner in respect of this breach.
2. The two liens were not properly registered, as in both cases, they related to defaults more than three months old. As the owner continued to submit cheques, the corporation could have cashed the cheques and either refunded the parking fee or made it clear that the cheques were being cashed on a without prejudice basis as it related to the parking issues. “The liens were used to punish the applicant in legal fees rather than as bona fide methods to collect amounts fairly subject to lien rights.” The corporation was ordered to repay the amounts paid by the owner under protest to remove the liens, excluding the amounts attributable to the monthly common expenses.
3. The by-law provision that authorized the imposition of administrative fees was ultra vires and thus those administrative fees were improper.
4. The conduct of the Board was harsh, burdensome and oppressive.
“The registration of facially invalid liens, levying of subjective and arbitrary fines, and the refusal to mediate/arbitrate as required were not reasonable responses by a board seeking to manage the affairs of the corporation reasonably and in good faith.” The owner was only awarded $1000 as nominal damages for the corporation’s oppression, as the owner did not provide any evidence to support her claims for damages. The Court also noted that “the legal doctrine of ‘it takes two to tango’ suggests that the applicant was very much a participant in the escalation of hostilities between the parties.”
Throughout the decision the judge chastised the parties for the adversarial approach they took, rather than trying to reconcile their differences in a more conciliatory manner:
“Rather than addressing the issues that arose from the parties’ respective (mis)understandings of their rights and obligations, they determined to take tactical positions with each other that basically involved: name-calling, hyperbole, failure to listen, taking extreme positions, wasting time, money and effort, and causing themselves and each other distress.”

Be informed when you invest in a condo building; you are joining a community and accept the Rules and Regulations.

Selling a condo?

Give me a call Toronto, 647 218 2414

Friday, February 5, 2016

Exposed ONLINE Getting Viewed

How can you attract fresh eyes to your condo listing?

They are all the same right?

What if you could travel through your screen to every nook and cranny of each room; check the views from each window, take a walk in the kitchen before you go see the unit.

Virtual Image Technology; 3D Imaging is available right here in Toronto today!

The engagement from Viewers in 4 - 5 Times Higher than with a regular virtual tour and just shames those animated slide show viewers that are so 1999.

Engagement Increases as Condo Buyers share the virtual imaging Tour with their friends family and co workers. 

Call to book your Virtual Tours

Virtual Tours are included by tech savvy and Social Media Active Agents.

Your virtual Tour is available without charge included in the Bundle of Services provided by David Pylyp, Sales Representative, RE/MAX Realty Specialists Inc., Brokerage 416 232 9000.

Serving Etobicoke and Toronto.