For over 40 years, Miller Thomson’s Condominium Group has assisted condominium corporations, owners and developers with every type of legal issue. Recognized as industry leaders, our lawyers have authored and edited industry textbooks, journals and newsletters, and are prominent contributors to industry associations, committees and conferences. Given our presence in jurisdictions across the country, we have a deep understanding of the applicable rules, regulations and legislation at the regional or local level, ensuing that we quickly and efficiently respond to our clients’ needs.
We can advise on a wide range of matters, including:
- Interpreting applicable legislation, contracts and condominium documents
- Drafting proposed amendments to condominium documents, including Corporation rules and by-laws
- Assisting Corporations in enforcement matters
- Advising on developer deficiencies
- Arbitration and mediation counsel to help avoid litigation, whenever possible. Defending Corporations in legal actions initiated by outside parties when litigation is unavoidable.
- Assisting Corporations on collection issues and with the preparation and registration of liens/caveats for unpaid condominium fees/common expenses
- Interpreting and if required, redrafting property management and construction contracts, as well as construction tender document review
- Advising on first year shortfalls and review of contracts entered into by the developer board
- Advising Boards of Directors on property management agreements and insurance issues, including Directors’ liability insurance
- Assisting in meeting notice preparation, proxies, notices of special assessments and other documentation required pursuant to applicable condominium legislation
- Attending owners’ meetings to chair board meetings
- Advising Corporations on matters of changes to services and/or common elements and ensuring compliance with the governing provisions in the appropriate legislation
- Representing Corporations before various levels of government concerning the provisions of services or the responsibility to repair and maintain roads, water mains and other service equipment located with the condominium plan
- Realty tax assessment appeals
- Financing advice in connection with Corporation borrowing as well as Reserve Fund investments and expenditures
- Advising on issues of Occupational Health & Safety matters for construction projects, environmental issues, employment issues, labour law and Human Rights
- Preparation of Developers’ Sales Packages, which includes the preparation of disclosure statements, pro-forma offers to purchase which comply with the legislation, draft by-laws, rules management agreements and other documents
As our Group has presence across the country, we are well-versed with the regulations as they apply to specific regions and cities and can assist our clients regardless of their location. In Ontario, for example, we have a deep understanding of, and can advise on the Tarion Warranty Program claims process.
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Robert Noce quoted in News 880 AM on Alberta’s condo legislation
The province of Alberta is holding a consultation period for its condo legislation. The consultation period allows for proposed amendments to the legislation, which was first introduced in 1966 and hasn’t seen any changes since the mid-90’s. Robert Noce, condominium...
Roberto Noce, Q.C. is interviewed by Global Edmonton News regarding the proposed changes to the Condominium Property Act
Roberto Noce, Q.C. is interviewed by Global Edmonton News regarding the proposed changes to the Condominium Property Act. To view the video, click here.
Roberto Noce, Q.C. is interviewed by Global Edmonton News regarding Adult-Only Condominiums
To view the video, click here
Roberto Noce, Q.C. is quoted on Global Edmonton’s website regarding Condominium Law.
To view the article, click here.
Jason Rivait speaks at condo conference
Jason Rivait speaks at the 22nd annual ACMO/CCI-Toronto and Area Chapter Condominium Conference in Toronto.
Roberto Noce presents “Top 10+ (Things Every Lawyer Should Know)”
Robert Noce brings his condo law expertise to the Legal Education Society of Alberta’s presentation “Top 10+ (Things Every Lawyer Should Know)”.
Roberto Noce presents “Top 10+ (Things Every Lawyer Should Know)”
Robert Noce brings his condo law expertise to the Legal Education Society of Alberta’s presentation “Top 10+ (Things Every Lawyer Should Know)”.
Roberto Noce, Q.C. speaks at Alberta Urban Muncipalities Convention
Roberto Noce, Q.C. is a presenter at the 2015 AUMA Convention & AMSC Trade Show.
Robert Noce, Q.C., speaks at Canadian Condominium Institute conference
Robert Noce, Q.C., is speaking at the Canadian Condominium Institute – Northern Alberta Chapter Annual Conference.
Roberto Noce, Q.C., discusses Bill 9 Update at the Association of Condominium Managers of Alberta Lucheon
Roberto Noce, Q.C. discusses the death of Bill 13 on 630 CHED – Edmonton condo bill struck from legislature discussion
Josh Selby is speaking at the ACMA, CCI, REIC Conference in Calgary on the topic of Changes to New Acts & Recent Condo Case Law.
The conference runs September 11 & 12, 2014 at the Coast Plaza Hotel.
Roberto Noce, Q.C. is answering questions and speaking on Condominium Laws at 11am on 98.5FM CFWE’s “Ask The Lawyer”.
Jeff Selby and Josh Selby present at the Legal Education Society of Alberta’s Condominiums; A Practitioner’s Update, October 22, 2014
Don’t Go Breakin’ My Bylaws
Roberto Noce, Q.C., hosts a Condominium Law seminar. The seminar will be held at the Coast Plaza Hotel & Conference Centre, 1316 33rd Street NE Calgary, AB. 11:30 AM – Lunch & Registration Noon – 1:00 PM – Session
I Dream of Condos
Roberto Noce, Q.C. hosts a Condominium Law seminar held at Chateau Louis Hotel & Conference Centre, 11727 Kingsway Avenue, Edmonton.
Don’t Go Breakin’ My Bylaws
Roberto Noce, Q.C. hosts a Condominium Law seminar.
The Facts of Condominium Life
Roberto Noce, Q.C. hosts a Condominium Law seminar.
The Facts of Condominium Life
Roberto Noce, Q.C. hosts a Condominium Law seminar.
Three’s Company: Your Property Manager, Your Condo Board and You
Roberto Noce, Q.C. hosts a Condominium Law seminar.
Condominium Issues: Acting for Corporations, Owners, and Others
Jennifer Quick speaks at the LSUC’s Ethical Red Flags for Real Estate Lawyers seminar on “Condominium Issues: Acting for Corporations, Owners, and Others.”
Using Condominiums Safely and Effectively
Condominium lawyer, Roberto Noce, presents “Using Condominiums Safely and Effectively: Get the latest word from our Courts about how to avoid unplanned results.”
Three’s Company: Your Property Manager, Your Condo Board and You
Roberto Noce, Q.C. hosts a Condominium Law seminar, “Three’s Company – Your Property Manager, Your Condo Board and You.”
Won’t You Be My Neighbour?: Understanding Condominium Living
Condominium lawyer, Roberto Noce, Q.C., presents, “Won’t You Be My Neighbour?: Understanding Condominium Living.”
Cannabis and Accommodation: Weeding out Legitimate Requests
With the legalization of cannabis, many condo corporations have recently passed provisions to prohibit the smoking of cannabis. While there has been much said about the creation of these provisions, there has been little written about the duty to accommodate....
Use and Non-Use of Licensed Land Agents by Renewable Energy Companies
In Alberta, oil and gas companies have long required the services of accredited land agents in acquiring or leasing land to exploit the mineral resources there. The recent surge in interest in renewable energy sources, especially wind and solar, presents...
Reminder Notice to Real Estate Owners and Tenants in Quebec – 2018-2020 Property Assessment Appeals
Deadline : April 30, 2018 The value of your Quebec property is assessed every three years by the relevant assessing authority (“Authority”), depending on the assessment cycle your municipality is part of. This triennial assessment will determine the property taxes...
Environmental Liability of Commercial Landlords: Limited Landlord Liability for Acts/Omissions of its Tenants
A case review of Sorbam v Litwack 2017 ONSC 706 (CanLII), aff’d 2017 ONCA 850 Synopsis The case involves a somewhat typical contaminated land dispute between neighbouring commercial property owners. The plaintiff conducted investigations on its property in support of...
Roberto Noce comments on changes to Alberta condo legislation in The Lawyer’s Daily
The Lawyer's Daily, "Changes to decades-old Alberta condo legislation 'long overdue,' lawyer says"
Alberta has announced new protections for condo buyers, a move a real estate lawyer said will mark the first major changes to the province’s condominium legislation in over 50 years. “Albertans deserve to be protected when making a big purchase like...
“Green” Changes Announced for Ontario Building Code
On July 14, 2017, the Ministry of Municipal Affairs announced the replacement of the Ontario Building Code, effective January 1, 2019. The changes are being made to include new requirements supporting the government’s Climate Change Action Plan (CCAP) of June...
What Does the Elimination of the Ontario Municipal Board Mean? – Preliminary Expectations
The Ontario government has announced that it will introduce legislation to replace the Ontario Municipal Board (“OMB”) with a new Local Planning Appeal Tribunal (“LPAT”). The most important change is the elimination of the OMB’s power to substitute its decision...
New Real Property Register Requirement
On December 10, 2016 the Forfeited Corporate Property Act, 2015 (“FCPA”) came into force in Ontario. This act makes it easier for the Government of Ontario to use or sell property that has been forfeited to the Ontario Crown upon...
New Vancouver-Area Real Estate Taxes
Two taxes have been recently introduced in the Vancouver area, designed to cool the local estate market. The BC “Foreign Buyer Tax” Effective August 2, 2016, a transfer tax of 15% of fair market value is payable by “foreign nationals”...
Short-Term Condominium Rentals
Short-term rental condominiums operated through online companies like AirBnB and VRBO are becoming an increasingly popular choice for travellers and condominium unit owners alike. Travellers appreciate the sense of home, convenience, affordability and amenities that a privately owned condominium provides,...