Condominium & Strata

Overview

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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