Macdonald Sager Manis LLP’s Condominium Group has experience dealing with condominium developers, owners and condominium corporations. This experience provides our group with a broad knowledge of the condominium industry, and allows us to look at each file with a unique, practical perspective.
Our litigators are experienced in all facets of the condominium industry, and have litigated several precedent setting cases in the province of Ontario.
Our litigators realize that litigation should be avoided when possible, and therefore explore all potential settlement options. However, if a settlement is not practical, then our litigators will use their knowledge of the law and their well-developed advocacy skills to advance the best interests of our clients.
For developers, we:
- Assist in the land acquisition process, including the review and preparation of agreements of purchase and sale;
- Oversee all necessary municipal and planning approvals and appeals, if necessary;
- Bring projects to market, which includes the registration of all types of condominiums – including vacant land and common element;
- Assist in resolving potential disputes with owners, municipalities or trades (including the registration of construction liens);
- Consult on turn-over issues, including all developer requirements under the Ontario New Home Warranties Plan Act.
- Conduct mediations, arbitrations and tribunal hearings, as may be required under the Condominium Act and the Ontario New Home Warranties Plan Act.
- Negotiate resolution of outstanding deficiency issues with the condominium corporation.
- Negotiate resolution of the first year budget deficiency with the condominium corporation.
For Condominium Corporations and co-operative corporations we:
- Draft rules, by-laws, amendments to declarations, shared facilities agreements, co-operative agreements, and section 98 agreements;
- Collect arrears of common expenses and register liens (both construction and condominium)
- Conduct power of sale and foreclosure proceedings against unit owners in arrears of common expenses (which are treated as a mortgage under the Condominium Act);
- Attend and chair board meetings and owners meetings;
- Conduct mediations and arbitration as required for enforcement matters and construction deficiencies;
- Negotiate resolution of outstanding deficiency issues with the developer.
- Negotiate resolution of the first year budget deficiency with the developer.
For unit owners, we:
- Complete the purchase and sale of new and re-sale condominium units;
- Defend compliance proceedings brought by condominium corporations;
- Prosecute complaints against condominium corporations under the Ontario Human Rights Code;
- Provide advice on their rights under the Ontario New Home Warranties Plan Act.