Finally, special insurance policies are available
for condominium unit owners.
For the condominium unit owner, there are several insurance concerns.
Not exact matches
It covers situations in which the
unit owners in a
condominium are financially responsible
for a shared loss, so long as the issue was a covered peril.
New York City officials issued a summons to the
owner of a
condominium at Trump Tower that gained notoriety after being rented out on Airbnb, determining that the
unit was being illegally advertised
for rent.
Most single - family homes, two - to - four
unit owner - occupied dwellings or townhouses and approved
condominiums and manufactured homes are eligible
for a reverse mortgage loan.
«A
condominium corporation's insurance will cover the building and the common elements, like elevators or front lobby, but the condo
owner must insure their own
unit, personal items and protect themselves against liability if they are responsible
for damage caused to a neighbour's
unit.»
For instance, if a building is
owner occupied single family detached building and individual
condominium unit which is insured under the dwelling policy form, you will be surcharged $ 25.
Unlike the
owner of a single - family home, a single -
unit condominium owner does not need coverage
for the entire building, instead, just their
unit.
In arguing
for tax equity
for rentals and tenants it is important to note that, Ottawa dramatically favours homeowners over tenants in tax policy because
owners are exempt from capital gains taxes, people can often buy a
condominium and make payments $ 200 lower than rent
for a similar
unit.
Any credit worthy potential
owner - occupant who will make the
condominium unit their principal residence and who meets FHA underwriting criteria is eligible
for a mortgage insured under this program.
The court granted the
condominium corporation full access to the
unit (upon 48 hours» notice to the
owner)
for the purpose of:
The Canada Elections Act says that
condominium owners have the right to place signs in their
units (
for instance, in their windows).
Property managers,
condominium directors,
unit owners and others should stay tuned to our blog
for commentary on recent and developing trends, digests of recent court decisions, condo - related news from around the province and around the world, and more!»
The Judge noted that as a result of the
unit owner's adamant refusal to remedy the fireplace problem, the
unit owner only had himself to blame
for the costs incurred by the
condominium corporation relating to its court application.
Consequently, the prescription period as well as common - law adverse possession rule can confer upon the «squatting»
unit -
owner a right to exclusive use of the disputed space that extinguishes a claim
for an allocation of exclusive use under a
condominium declaration.
``... [the
condominium corporation] was entitled, [and indeed obliged, pursuant to its statutory duties of repair and maintenance], to embark on the garage deck remedial work without the need
for unit owner notice or approval, let alone approval by the special majority vote contemplated by s. 97 (4)[which applies to «substantial changes»]»
Even if a
condominium corporation's governing documents permit
owners to rent their
units for an unlimited number of days in a year,
owners will have to comply with municipal regulations once they come into force.
With the increase in «sharing» websites that enable condo
owners to rent out their
units for short - term stays, many
condominium corporations are deali...
«[Section 91 of the
Condominium Act] does not grant a
condominium corporation the authority to impose on a
unit owner the obligation to repair common elements after damage, except
for common elements designated
for the exclusive use of an
owner.»
In a recent case, YCC No. 922 v. Lu, the
owners of a
condominium unit were ordered by the Ontario Superior Court of Justice to permit the
condominium corporation to enter the
unit for the purpose of inspecting and repairing damage to the
unit and the common elements caused by flooding in the basement of the
unit.
SB 1520 amends 718.117, Florida Statutes, regarding the optional termination of
condominiums, making it more difficult
for a Plan of Termination to be passed without full consent of the
unit owners.
At Landy Marr Kats LLP we have acted
for both
condominium corporations and
unit owners, in many such disputes.
Obtained a preliminary injunction
for a
condominium association in an action against
unit owners to enforce the
unit owners» adherence to the bylaws.
The
condominium documentation may also contain provisions that would enable the Corporation to require that the
unit owner pay
for the costs of any work needed to the
unit and / or to the ventilation system in order to prevent the smoke and smell of marijuana from permeating into the common elements or to other
units of the building.
Each
owner of a
condominium unit becomes a member of the
condominium corporation
for that building.
In the decision, the Judge chastised the
condominium's board of directors
for being irresponsible and flippant in quickly determining that the
owner of
unit 48 should pay to clear the blockage.
In a recent case, Washington v. Y.C.C. No. 441, a commercial condo
unit owner successfully sued the
condominium corporation after the corporation registered a lien against his
unit for repair costs related to clearing a blockage in the plumbing system.
The
condominium corporation took the position that the blockage was caused by grease emanating from
unit 48 and that the
owner of
unit 48 was responsible
for the costs to clear the blockage as he had failed to properly maintain his
unit.
The
condominium unit owner is required to abide by the rules of the corporation that have been created
for the purpose of preventing unreasonable interference with the use and enjoyment of the common elements, the
units or the assets of the corporation.
(1) Subject to subsections (2), (2.1) and (2.4), an
owner, an occupier of a proposed
unit, a corporation, a declarant, a lessor of a leasehold
condominium corporation or a mortgagee of a
unit may make an application to the Superior Court of Justice
for an order enforcing compliance with any provision of,
What does it take
for a
condominium corporation to force the removal of a
unit owner from a
unit?
131 (1) Upon application by the corporation, a lessor of a leasehold
condominium corporation, an
owner or a mortgagee of a
unit, the Superior Court of Justice may make an order appointing an administrator
for a corporation under this Act if at least 120 days have passed since a turn - over meeting has been held under section 43.
163 (1) If the board of a vacant land
condominium corporation determines under section 123 that substantial damage has occurred to a building located on a
unit and the
owners do not vote
for termination under that section, the
owner of the
unit may elect,
In the recent case of Toronto
Condominium Corp 1462 v Dangubic, the
condominium corporation registered a lien against an
owner's
unit for recovery of legal costs incurred by the corporation in relation to «compliance letters» sent by the corporation's legal counsel to the
owner.
As you can appreciate, the lack of separate legal title
for each separate space can make it difficult
for the
condominium corporation to keep track of which
unit owner is parking in which space, especially when
units are being sold and new
owners are moving into the
condominium.
If the Board does not provide any such pertinent information to the manager, which results in an error / omission in the status certificate, then the
condominium corporation (and ultimately all of the
unit owners) will be responsible
for the mistake.
the corporation's rules and by - laws both specifically provided that the
unit owner is responsible
for legal expenses incurred to seek compliance with the
condominium documents.
After numerous compliance letters had been sent to the
owner and the noise continued, the corporation registered a lien against the
unit for the legal fees it incurred in seeking compliance with the
condominium documents.
The House of Delegates of the Maryland General Assembly has passed legislation that authorizes a
condominium declaration to provide
for the suspension of the use of parking or recreational facility common elements by a
unit owner that is more than 60 days in arrears in the payment of assessments.
The
condominium declaration provided that the
owner's parking units could be used for «a commercial parking business for the leasing of individual parking spaces for such period of time as the Owner... may in its sole discretion determine provided not less than 30 such Parking Units are made available at all times for hourly or daily parking.&r
owner's parking
units could be used for «a commercial parking business for the leasing of individual parking spaces for such period of time as the Owner... may in its sole discretion determine provided not less than 30 such Parking Units are made available at all times for hourly or daily parking.&r
units could be used
for «a commercial parking business
for the leasing of individual parking spaces
for such period of time as the
Owner... may in its sole discretion determine provided not less than 30 such Parking Units are made available at all times for hourly or daily parking.&r
Owner... may in its sole discretion determine provided not less than 30 such Parking
Units are made available at all times for hourly or daily parking.&r
Units are made available at all times
for hourly or daily parking.»
It is not an option
for CAO, a creature funded by condo
unit owners, to remain silent or on the sidelines while government rolls out regulations that profoundly impact the operations and budgets of every
condominium corporation.
The policy of this type provides personal property coverage, personal liability
for residents and guests of the policyholder and specific coverage of improvements to the
owner's
condominium unit.
For example, it does not cover losses resulting from burglary, damage from water plumbing and many mishaps that may occur on the part of the building occupied by the
condominium unit owner.
This coverage is designed
for condominium unit -
owners willing to insure items not covered by the association policy.
The ruling in the case of Mari and Kieran is that even when the property damage is caused not by the fault or negligence of an individual
unit owner but simply due to defective plumbing or a malfunctioning appliance, that the
condominium unit owner may still be held responsible
for the damage.
If this is the case then you do have a consideration within a
condominium unit owner policy to pay
for assessments such as the deductible.
The
condominium unit owner will be required to reimburse the
condominium corporation
for the deductible portion of the insurance claim.
HO - 6 policies, designed
for co-op and
condominium owners, cover liability, belongings and improvements to the
owner's
unit.
Most single - family homes, two - to - four
unit owner - occupied dwellings or townhouses and approved
condominiums and manufactured homes are eligible
for a reverse mortgage loan.
In short, the
condominium board or building
owner that is faced with this type of situation is in
for a long, rough ride, as are the
unit owners.