Will you continue to Airbnb your Condo?

Will you continue to rent your condo as an #AIRBNB

It’s been a two-year fight. Landlords and the booking site have resisted every step of the way, and refused to voluntarily comply with municipal regs. For more than 20 months the issue has been before a tribunal, and now the decision’s been made. City, 1. Airbnb, 0.
All those units bought to rent out by the night (usually against condo board rules) are now illegal. Short-term rentals will be allowed only inside a landlord’s principal residence, and for no more than 180 nights s year. Homeowners can rent a max of three bedrooms, and not for more than 28 days at a time. No rentals will be allowed in basement or secondary suites. Landlords need to register and pay a fee plus a 4% accommodation (hotel) tax on revenues.
Of course by registering, landlords also join a database which is shared with the CRA – so anyone not declaring Airbnb (or VRBO) income is probably asking for an audit.  https://www.greaterfool.ca/2019/11/20/shared-stupidity/

No confusion there. 

The question is will you continue renting as Airbnb? 

Learn How to Get Closing Cost Credits.

Attention Home Buyers, Learn How to Get Closing Cost Credits.

Closing Costs Credit

Are you a first time home buyer?  Are you using 95% Financing  or low down payment Financing, i.e. 5.0% or 10.0%  down payment programs?

Do you need to preserve some of your savings and need options?

One way to do this is to get some or all of your closing costs covered as part of negotiating your purchase with closing cost credits.  This is not automatic, it is not guaranteed to happen if you write your offer with another real estate agent. 

Take advantage of our expertise in assisting home buyers navigate through the home buying process.  Get into the right house for the right price.

Those enrolled in my FREE Home Buyer Program can get up to $2,500.00 in closing costs

GUARANTEED!

Enroll NOW! in my FREE Home Buyer Program and lock down your closing cost credit. In order to qualify for this program please fill out the form below.  This information will not be shared with anyone.  We will contact you for an initial no obligation free consultation.

Click Here

*some conditions apply
*requires purchase of resale property on the Toronto MLS system with 2.5% CB commission
*Minimum Purchase Price $500,000. CDN $
*Toronto GTA
*Offer Expires March 31st 2020 *Not intended to solicit Buyers under contract

How can you see inside?

Five days on the market. That’s how long it took David of RE/MAX realty specialists Inc., to put 1910 Lake Shore LPH04, a pretty split plan 2 bed condo, under contract in the peak month of June in Toronto. .

Pylyp attributed the swift and successful sale to his agency’s marketing expertise – specifically, the #Matterport 3D tour and the high-definition photography that so perfectly conveyed the condo’s interior and exterior appeal.

“The National Association of REALTORS® found that 93 percent of buyers overall, and 99 percent of Millennials, used the Internet in their home searches,” Pylyp said, citing the NAR’s 2018 “Real Estate in a Digital Age” report.

“That’s a huge percentage. More and more people first see their future home online. It is their introduction and all-important first impression.

“So doing our best for sellers means using the latest technology – Matterport 3D tours, professional photography, and drone aerials – to create immediately compelling visuals,”

Not every agency offers these services. Some who do charge an extra fee, but with David Pylyp of RE/MAX realty specialists inc., Brokerage, there is no additional cost to the seller. All the photographic work is expertly produced by David Pylyp, in collaboration with other REALTORs® at RE/MAX Realty Specialists Inc.

http://Bit.Ly/PenthouseView

Call today.

A Guide to the New Condominium Act Forms

Nov 1,  2017

As of yesterday, many changes to the Condominium Act came into effect that affect the day-to-day responsibilities of condo corporations.

Some of the changes require corporations to use Ministry forms where they weren’t previously required.

The Ministry released the new forms corporations will have to use for: proxies, to provide notice of meeting, and the three types of information certificates, among others. Here is a list of the new forms:

Information Certificates

1. Periodic Information Certificate

This “mini status certificate” provides owners with updates on finances, insurance, reserve fund, board, and other matters throughout the year.
Tip: This must be sent out twice per year – within 60 days after the last day of the first and third fiscal quarter.

2. Information Certificate Update

This certificate is triggered on certain events, such as a change in the directors, or change of the corporation’s address for service.
Tip: There are different time periods for sending out the Information Certificate Update depending on the type of triggering event. For example, if the board loses quorum, this must be sent out within 5 days of losing quorum, whereas a corporation has 30 days to send out the notice for a mere change in the number of directors.

3. New Owner Information Certificate

This notice contains the most recent Periodic Information Certificate and Information Certificate Update.

4. Notice of Online Posting of Information Certificate

A corporation must send this notice to owners if it decides to post any of the information certificates online (such as through property management’s web portal)

Proxies

1. Proxy Form

This form must be used by owners or mortgagees voting by proxy at a meeting of owners.
Tip: Proxy forms can be used at an adjournment of a meeting of owners. If, for example, there weren’t sufficient owners present at an AGM to pass a by-law, proxies submitted for the purpose of passing a by-law at that AGM can be used at a subsequent meeting of owners.

Notices

1. Preliminary Notice of Meeting of Owners

This notice is meant to give owners an advance notice of the purpose of the meeting of owners.
Tip: This must be sent out at least 35 days before the meeting date.

2. Notice of Meeting of Owners

This form is required for sending owners notice of an upcoming meeting of owners.
Tip: This must be sent out 15-20 days before the meeting date.

Record Requests

1. Request for Records

This form must be used when an owner, mortgagee or purchaser requests records.

2. Board’s Response to Request for Records

This form must be used by the board of directors when responding to a record request from an owner, mortgagee or purchaser.
Tip: The board must respond to the request within 30 days.

3. Waiver by Requester of Records

This is an agreement between the requester and the corporation that allows the requester to waive certain rights with respect to the corporation’s response to the record request.

Other Forms for Owners

1. Notice of Meeting of Owners under s.34(5) of the                                   Condominium Act

This must be used by owners who wish to call a meeting to fill vacancies on the board if the board loses quorum and the remaining directors do not call within 15 days of losing quorum, or if there are no directors in office.

2. Submission to Include Material in the Notice of Meeting of Owners

This form must be used by owners if they wish to submit material to the board to be included in the upcoming Notice of Meeting of Owners
Tip: Although owners can request material to be included in the notice of meeting, the board is not obligated to include this material unless the submission is made on behalf of owners of 15% of the units (or more), and the submission would not add anything that is contrary to the Condominium Act or the regulations.

C/O Lash Condo Law 

CRA Revenue Canada serves Condo Developer for customer list

There it is

YUP

Who purchased that Condo and then flipped it?

Developers have records and are now required to hand them over.

And several similar applications are under way, reflecting the federal government's efforts to crack down on potential tax cheating in the presale market.A July 25 Federal Court order requires the developers of the Residences at West, a Vancouver condo project at 1738 Manitoba St., to provide the Canada Revenue Agency (CRA) with documents related to presale flips, also known as assignments, in the building, including proof of payments and correspondence between the developers and people who buy the assignments.That order followed a June 29 application from the federal government.In September, the Minister of National Revenue applied for court orders related to One Pacific, a Concord Pacific project, and Telus Gardens, a downtown project developed by Westbank Corp.Both developers said they would comply with the request for documents."Customer information is protected by privacy laws and is not at the developer's liberty to disclose unless ordered by the Court," Matt Meehan, senior vice-president of planning at Concord Pacific Developments Inc., said in an e-mail.  https://beta.theglobeandmail.com/news/british-columbia/court-orders-developer-to-reveal-condo-flipper-info/article36528239

Where will you make extra money without tax? 
No where

Plan and manage your investments

Call David Pylyp
RE/MAX realty specialists inc.,
647 218 2414

New Canadian Mortgage Stress Test

New rules aimed at making it harder to get a mortgage take effect today, a move that is bound to have an impact on demand for homes in Canada.  Earlier this month, Ottawa announced the moves, which boil down to a stress test for all mortgage applications WHERE buyer putting down less than 20 per cent.

It consists of testing to determine if a borrower could afford to pay back a loan if interest rates go higher, so they judge the borrower against the five-year posted rate rate of 5% for a five-year loan — even though many lenders are currently offering mortgages at far less than that. (currently below 3%)  The Responses are;

• ·         45% would Buy less house
• ·         45% said Buy in different community/ city
• ·         39% would delay their purchase
• ·         5% would do something else
• ·         7% didn't know what to do

The new mortgage rules are to reduce debt loads, which will likely to cool prices, too. By making it harder to get a mortgage, demand for housing becomes limited as buyers are sidelined, which will cause prices to drop further.

I think the new rules will have a big impact on certain segments of the market, especially first-time buyers with small down payments. Second and third time sellers will not have qualified buyers to buy their houses delaying their move. It will be a significant adjustment: were looking at 20 to 30 per cent reduction in the mortgage value that people take on.

If you are selling to retire and exit it doesn't really matter.

If you are buying; its a better time with lower price than competing for homes

Call me at 647 218 2414 Let's talk 

AirBnb Rules Toronto

If you are a tenant you must have permission from your landlord.

New By Laws Toronto

City of Toronto Proposes Measures to Restrict Short-Term Rentals

The City of Toronto is proposing to implement measures that will restrict the short-term rental market. The measures proposed by City staff include:

§ allowing short-term rentals only in a homeowner’s primary residence, with a limit of three rooms per dwelling unit;

§ mandatory registration of all hosts renting their homes on a short-term basis and payment of a registration fee between $40 and $150 per home;

§ mandatory licensing of short-term rental companies such as Airbnb and VRBO, and payment of a license fee between $5000 and $20,000, plus an additional fee per night booked; and

§ implementation of a hotel tax and a short-term rental tax, if the necessary provincial legislative approvals can be obtained.

This means that hosts would be allowed to rent their properties on a short-term basis only if they are renting extra bedrooms in their primary homes or if they are renting their entire primary residence while away. These proposed measures would not stop individual condominium corporations from banning short-term rentals altogether.

The proposed recommendations follow a report released in October of 2016, by the Executive Director, Municipal Licensing and Standards and the City’s Chief Planner outlining a number of concerns about short-term rentals. That report indicated that:

§ Short-term rentals that occur in non-primary residences, where the property owner is not present, pose the greatest risk of nuisance issues, such as noise, and safety concerns for neighbours in the community;

§ Short-term rentals are impacting the affordability and availability of housing units for long-term residents, causing a reduction in the supply of units available for long-term rental;

§ Short-term rental hosts pay property taxes at the lower residential rate, even though they may be renting their properties on a full-time commercial basis;

Short-term rentals have resulted in an uneven playing field for commercial tourism operators such as hotels and motels, who pay taxes at a higher rate and whose properties are subject to more onerous fire, safety and other regulations.

That report was followed by public consultations with and written submissions from various stakeholders including short-term rental platforms, neighbourhood associations, condominium industry associations, tenant advocates, hotel and hospitality representatives, and various provincial government ministries.

After the proposed measures are discussed by the Mayor’s Executive Committee, City staff will submit final recommendations in the fall of 2017 for approval by City Council.

These proposed measures will no doubt be well-received by many condominium corporations, particularly those corporations that do not have any restrictions on short-term rentals in their declaration or rules.

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.

http://www.cbc.ca/toronto/features/condos/pdf/condo_conundrum.pdf

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

I have condo Board experience as well.

#askPylyp

http://davidpylyp.com

Condominium Ownership WHAT you need to know!

http://www.millerthomson.com/assets/files/article_attachments3/MT_A-Residents-Guide-Living-and-Buying-a-Condominium_A-Loeb.pdf

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.”  http://www.theglobeandmail.com/featured-reports/beware-the-risks-of-renting-your-house-through-airbnb/article30150563/

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

PLEASE BE CAREFUL 

David Pylyp

http://SellinginToronto.ca

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.

http://www.cbc.ca/news/canada/calgary/real-estate-council-alberta-residential-measurment-standard-1.3580841

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



 

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 4.3.6.1.(1) 9.6.1.3.(1) that will limit the heat loss, tempering and layering, (how it shatters and falls) Heat Absorbing and Heat reflecting. 
http://www.adtekbuilding.com/images/Ontario_Building_Code_2012.pdf



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. 

http://www.trebhome.com/market_news/release_market_updates/news2016/nr_rental_report_Q1-2016.pdf

 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

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: http://www.newstalk1010.com/news/2015/05/01/guilty-plea-in-liberty-village-druglab-explosion


http://www.cp24.com/news/toronto-condo-rents-soared-6-8-per-cent-in-first-quarter-of-the-year-report-1.2858614

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
#askPylyp

TXT or email

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.
http://www.theglobeandmail.com/real-estate/vancouver/brokers-concerned-about-real-estate-offers-made-with-no-conditions/article29603246/ 

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

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  http://avoidaclaim.com/2013/titleplus-tips-keeping-up-with-the-changing-nature-of-condominiums

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

Let's talk 

David Pylyp

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: http://www.tarion.com/About-Tarion/Pages/Information-about-UrbanCorp.aspx#sthash.uXKY9sp0.dpuf

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.

http://Bit.Ly/GetDave

#askPylyp

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