Nepean, ON

There are some very poor renovations being done and then sold as upgrades in homes. The expression "Putting Lipstick on a Pig" (meaning that it is still a pig) applies in many cases.

One of the areas that should concern homeowners is where a wall has been removed. There is almost always evidence that this has happened. Look for an unusual layout of an older home - more modern than expected. Look for an arch or beam across the ceiling (which hopefully means that there is a beam holding up the next floor), look for a strip of different coloured carpeting or hardwood (used to fill in the space where the wall was), feel a bump or rise in the floor. If the removal has been professionally done, ask for the work permits and bills for the renovation. If these are not available, make sure that your house inspector takes a very long hard look at the attic / second floor/ floor / basement. Your key concern is that the structural integrity of the house has not been compromised.

We all want open concept space or increased space in some rooms at the expense of other rooms. Be careful that the cosmetics of getting the open concept has not put the whole house at risk.

Photo Credit: Demolition Week: Taking Down the Walls @ http://www.flickr.com/photos/jsmjr/4009593127/

Condo board forces owner out

In a recent ruling, an Ontario court issued an order compelling a condo owner in Toronto to vacate and sell her unit within 3 months.

The case summarizes the condo owner's behaviour as including "physical assaults on other unit holders, acts of mischief against their property, racist and homophobic slurs and threats repeatedly made against other unit holders, playing extremely loud music at night, watching and besetting other unit holders and using her large and aggressive dog to frighten and intimidate other unit holders and their children."

The Condominium Act prohibits condo owners from damaging property, or doing anything which might cause injury to an individual. A condominium board is required to ensure that the Act is being complied with.

In Toronto Condo Corp. No. 747 v. Korolekh, the judge found that the condo owner's behaviour did violate the Act, and the condo board was within its rights to seek an order that she vacate and sell her unit. To top it off, the condo owner was also ordered to pay the condominium's legal costs of $35,000.00.

This blog entry is intended as general information only and does not constitute legal advice. If you need legal advice, please speak to a lawyer.

Kerry Fox is a lawyer practising in Nepean, Ontario.

Ontario condominium survey

Give your feedback to the Ontario government if you've had any positive, or negative, experiences with condominiums. The survey, launched in July, contains questions such as whether you've ever had a dispute with a condominium board of directors, or whether you're satisfied with the funding of the condominium reserve fund for your building.

I think it's helpful that the government is asking current condominium owners about their experiences. But, it's people who've never bought a condominium before that need to be educated, not people who already own one. You need consumer awareness of how a condominium works (and whether it suits your lifestyle) before you buy a condominium, not after the fact.

From my perspective, one limitation of the current legislation is that condominium boards are not required to disclose much detail relating to problems, or to possible special assessments. A prospective purchaser may be advised that there is an issue in the status certificate, but trying to get further information about the problem- how it's being addressed, and how much it's going to cost to fix- is often very difficult.

Kerry Fox is a real estate lawyer practising in Nepean, Ontario.

Reality TV comes to Ottawa!

At long last, Ottawa is soon to be home to a new real-estate based reality TV show. Realtor Paul Rushforth, and interior designer, Penny Southam, are being featured in a new show called 'All for Nothing'. Two sets of competing homeowners are challenged with who can best prepare their houses for sale. Unlike some other shows, the premise of this show is that the homeowners do whatever renovation or repair work is necessary in order to list the property themselves, rather than hiring contractors.

Homeowners are competing for the prize that Paul Rushworth will list their home for sale at zero commission.

If you are interested in being cast for this show, you can check out the production company's website.

The show premieres October 7^th on the W network.

Kerry Fox is a real estate lawyer practicing in Nepean, Ontario.