The Snake Keeper Blog

3. Include external support for the best possible use of resources – your engineer, lawyer or mediator can be invaluable before things slip up and ultimately cost more to clarify the solution To clarify the above statement, if a landowner has made the commitments in writing in an agreement or contract, it may be held responsible for the positive agreements contained in the agreement or agreement. But if it does not, the courts will not impose the positive commitments. The most common positive agreement would be the obligation to pay money or pay money. The most recent case in the Ontario Superior Court of Justice, Toronto Standard Condominium Corp No. 2130 v. York Bremner Developments Ltd, 2016 ONSC 5393[1] (“York Bremner”), highlighted some of the frustrations faced by many condominium corporations with respect to joint title agreements (SFAs), currently referred to as “mutual use agreements” in the Condominium Act[2] (the “Act”). and may have presented a shift in the jurisprudence on condominiums, which traditionally tends to favor developers. As the phrase goes, “If you don`t plan, you plan to fail.” Therefore, if you intend to cooperate with one or more other practitioners in any function, we strongly recommend that you create a formal agreement. It`s like a marriage contract for the company that allows you to agree in advance on the best way to proceed and cover the different circumstances that may arise. This is not just bad news, here is an example where a common agreement works well. The common areas are shared by a hotel, a condominium restaurant and 2 units. Over time, there has been a consistent representative of each party and they work together for a common goal.

It works well thanks to a series of thoughtful reflections, such as for example. B good governance of both boards, a long-standing relationship based on trust with the developer and a mandate to do what is fair and equitable. We recently met one of our clients, a generalist, who was in the process of taking over an employee. His past experience in governance, particularly with respect to fair and equitable cost-sharing, has led him to us. He knew that before continuing, he had to formalize the business relationship through a written agreement. In older condominiums, some agreements may be perceived as being designed unilaterally vis-à-vis the developer or owner of a commercial component, especially when the costs for one party are minimal and disproportionate for the other. Some agreements may include sharing of equipment and maintenance costs and sometimes do not take into account management and controls and there is no recourse, leaving costly litigation as the only option. Traditionally, costs were usually determined by the number of units or shares of square meters per part, not by actual utility or use. My final idea of joint agreements is that they should be seen as a partnership and fair to all parties; If everyone gives a little, it should be considered reasonable. The most important thing is that you are very close to the other.

The Ontario Court of Appeal ruled in Amberwood Investments Limited in Durham Condominium Corporation No. 123, to the surprise of many lawyers working at the Real Estate Board, not to apply the cost-sharing rules of the reciprocity agreement. The Court of Appeal was divided in this decision, but the majority confirmed that positive alliances do not take place with farm property, which has been the legal principle that has existed in Canada for more than a century. Unfortunately, there is no defined standard or model. Some agreements are well written and others are vague. For condominiums with complex common areas, it would be difficult for a buyer to make an informed decision and estimate how these areas are managed. We found that many clinics do not have a formal cost-sharing agreement or are outdated. Oral agreements only make sense until differing opinions lead to conflict.

Top 5 tips for joint agreement committees: here are some typical areas where you should know if the Committee has agreed to renegotiate a joint agreement (avoid some, keep others): given the uncertainty about the feasibility or inapplicability of a registered agreement or pact, it is recommended, given the availability of condominiums with common elements, use this instrument to ensure that multi-stage developments or developments requiring cost-sharing have common bodies to have legally binding methods of implementation. . . .