Condominium Lawyers
Cohen Highley LLP advises condominium corporations, boards of directors, developers, individual unit owners, and property managers across Ontario. Condo communities deal with legal questions on an ongoing basis and getting practical, timely advice helps protect both the corporation and the individuals who volunteer to sit on its board. Our team provides the full scope of legal services for residential and commercial condominium development and construction, enforcement of liens, court enforcement proceedings, regulatory compliance and risk management, and sales and acquisitions.
Our Multi-Residential Housing team pairs day-to-day governance support with litigation-ready experience, including lawyers active in the Canadian Condominium Institute (CCI), so the advice you receive reflects how Ontario condominium law operates in practice. To discuss your corporation’s or unit’s legal needs, contact our team.
Condominium Law Services We Offer
Cohen Highley LLP supports condominium corporations with the following services:
- Governance advice for condominium boards and directors on their statutory duties under the Condominium Act, 1998, meeting procedure, and requisitioned meetings.
- Status certificate preparation and buyer/seller due diligence review.
- Common expense arrears collection and condominium lien registration and enforcement.
- Condominium Authority Tribunal (CAT) applications and representation in nuisance, noise, pet, and parking disputes.
- Declaration, by-law, and rules drafting, amendment, and enforcement.
- Condominium development, construction, and turnover advice for developers.
- Regulatory compliance and risk management advice for boards and property managers.
- Property manager and service agreement review and negotiation.
Our Approach to Condominium Law Matters
We start every condominium matter by reviewing the corporation’s governing documents or the specific issue an owner, developer, or property manager has raised. From there, we provide a clear opinion on the available options along with the risks and costs attached to each. Where the matter calls for it, we prepare the documentation the next step requires, whether that’s a demand letter, a compliance notice, a lien registration, or an amendment to a governing document, and where possible we pursue negotiation or mediation before a dispute reaches a tribunal or court.
When a dispute can’t be resolved by agreement, we represent clients before the Condominium Authority Tribunal, in mediation and arbitration, or in Superior Court and Divisional Court litigation, depending on where the matter falls. Once it’s resolved, our involvement doesn’t necessarily end there. We continue to advise boards and property managers on the governance practices that help prevent similar disputes from recurring.
Why Choose Cohen Highley LLP
Cohen Highley LLP has extensive experience acting for condominium corporations, boards, developers, property managers, and unit owners throughout southwestern Ontario. Our condominium team works alongside colleagues in real estate, employment, and commercial litigation, so a board facing a multi-faceted issue has access to the full firm rather than a single practice area. Members of our team are active participants in the condominium industry itself. That combination of legal practice and condominium-industry involvement means our advice is grounded in how boards, managers, and tribunals actually operate day to day not just in the text of the statute.
Frequently Asked Questions
What is the Condominium Authority Tribunal, and when does a dispute go there instead of court?
The Condominium Authority Tribunal (CAT) is Ontario’s online tribunal for resolving certain condominium disputes, including nuisance, noise, pets, parking, and record-request issues. Many condominium disputes involving these subject areas must go through the CAT before, or instead of, the Superior Court of Justice, though some matters remain outside the CAT’s jurisdiction and require court proceedings.
Does Cohen Highley represent tenants living in a condominium unit?
No. Cohen Highley acts for condominium corporations, boards of directors, developers, property management companies, and unit owners. We do not act for tenants of a condominium unit in disputes with their landlord or the condominium corporation.
What's involved in amending our declaration or by-laws?
Amending a declaration or by-law generally requires a vote of owners meeting the threshold set out in the Condominium Act, 1998, followed by registration of the amendment on title. We assist boards with drafting the proposed amendment, calculating the required vote, and completing the registration process.
Can our board or its individual directors be held personally liable?
Directors are required to act honestly, in good faith, and in accordance with their statutory duties under the Condominium Act, 1998. A director who cannot show they relied on a professional opinion when making a decision that breaches those duties may face personal liability, which is one reason boards typically involve legal counsel before taking significant or contested action.
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Featured Articles
CAT Framework: Balancing Access and Efficiency
CAT Framework: Balancing Access and Efficiency By: Megan Alexander The Condominium Authority Tribunal (“CAT”) continues to play a central role in resolving disputes within Ontario’s condominium communities. As Ontario’s first fully online dispute resolution tribunal,...
Condominium Authority Tribunal (CAT) Decision on Disruptive Conduct & Enforcement
By: Megan Alexander As counsel for the Applicant, Middlesex Condominium Corporation No. 79 (the “Corporation”) in this Condominium Authority Tribunal (“CAT”) application, I welcome their recent ruling in Middlesex Condominium Corporation No. 79 v. Wuest. This decision...
How Language in Rules Impacts Risk and Inclusion
Condominium boards and managers are responsible for creating an inclusive, equitable environment for all residents within their communities. Reviewing and modernizing the language in governing documents, rules, and communications is important to ensure it reflects...