Property Law Columns

Condo board pays price for power play

Five former board members of a London, Ont., condominium corporation have been personally ordered to pay costs totalling $36,300 as a result of two related lawsuits, after the old board ignored the wishes of a majority of unit owners. The old board had refused to recognize the results of a members’ meeting in which a new board was elected.

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Fight over grading issues ends in court

Whenever a new subdivision is built, the subdivider is
required to enter into a development agreement with the municipality. Part of each agreement is a requirement for the developer to implement a city-approved
grading plan. The plan ensures that rainwater and snowmelt flow away from the
homes and into storm sewers.

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Turf war over who names the neighbourhoods

Toronto
residents who are proud to live in areas such as Harbourfront, Davisville
Village, Leslieville, Chaplin Estates, Hogg’s Hollow and Corktown are bound to
be disappointed to learn that their neighbourhood names have been wiped off the
map by the City of Toronto and the Toronto Real Estate Board.

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SPIS forms are ticking time bombs

Real estate boards and agents across the country continue to promote the use
of the Seller Property Information Statement (SPIS), despite the fact that the
disclosure form has resulted in an avalanche of litigation resulting from its
widespread use and misuse.

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OREA is up to date with 1980s technology

Virtually all agreements of purchase and sale for homes or condominiums in
Ontario are prepared on standard forms published by the Ontario Real Estate
Association (OREA). Unfortunately, those forms have a great number of
shortcomings which do not promote the interests of the public who rely on real
estate agents for protection.

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Undisclosed costs can really add up

It s hard to think of any consumer purchase contract where the price on the
front page is not the full purchase price, where additional charges are
unlimited, and where the seller has no legal obligation to make full disclosure
of extra charges to the buyer at the time of sale.

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Make indoor air quality test a standard part of real estate purchases

I’ve always found it strange that the organized real estate community in
Ontario is still highly concerned about urea formaldehyde foam insulation (UFFI)
in houses, years after it was proved that it carries no health risks, and yet
radon gas and other environmental contaminants which exist in many homes and
can be fatal are hardly ever mentioned in residential purchase agreements.

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Privacy at home focus of much court debate

Just how much privacy can a person expect in the comfort of
his or her own home, free from any government intrusion? That was the
question considered in August by a three-judge panel of the Alberta
Court of Appeal. The case involved the home of Daniel James Gomboc in
southwest Calgary.

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Aaron & Aaron specialize in Real Estate Law, specifically Sale of Rental, Condominium, Residential, Rural Recreation, Offer to Lease, Commercial, and New Construction