Condominium

Our Group

Miller Thomson LLP's Condominium Group has assisted condominium developers and owners since the early 1970s dealing with virtually every type of legal requirement or concern. We are well-known as industry leaders and prominent participants in industry associations, committees and conferences. We are also authors and editors of industry textbooks, journals and newsletters.

The litigators in our Condominium Group provide advice to help avoid litigation where possible. Where that is not possible, we represent strata/condominium corporations and owners in court actions, arbitrations and mediations, while always seeking an outcome that is in the best interests of all the owners.

Lawyers in our Condominium Group form part of the team available to represent clients on multi-faceted projects to ensure the successful resolution of every engagement. We interact with lawyers from our environmental, litigation, labour and employment and bankruptcy and insolvency groups. It is invaluable to our condominium clients to have at their disposal the full range of expertise and experience of our colleagues in other practice areas.

Our Clients

Our Condominium Group advises many strata/condominium corporations that rely on us to prepare documentation, collect common expenses, settle disputes, deal with construction deficiencies, attend general meetings, and provide ongoing counsel on all aspects of condominium management and law. We work closely with property managers to ensure that our strata/condominium corporation clients get the advice they need on a timely and economical basis.

Representing both condominium owners and developers, we have developed a unique expertise that combines the knowledge and experience gained from both perspectives. This expertise enables us to present practical, goal-oriented solutions to the many issues that can arise in creating, completing and operating successful strata/condominium corporations. We can help resolve matters quickly and cost-effectively, with a view to creating solutions that prevent the need for litigation.

On behalf of real estate developers, we provide legal services from concept to completion for residential, resort, retirement, industrial and commercial projects. Working closely with other members of the development team, we ensure that the project has a solid legal foundation and attend to project structuring, disclosure statements, sales and hand-over to the strata/condominium corporation. We have a reputation in the condominium development sector for creative development solutions and thorough legal documentation.

Our Expertise

Depth of Experience - Our vast experience enables our lawyers to quickly design a response to our clients' business needs or problems. No matter what legal issue arises, chances are we have dealt with it before.

Length of Service to the Industry - With over 25 years assisting the condominium industry, we understand the pressures and evolution industry participants have undergone. We are sensitive to this and tailor our solutions to these changes.

Understanding of the Industry - The experience and expertise available in our group, combined with our participation in industry conferences, workshops, seminars, newsletters and other educational opportunities, ensures that our lawyers have experience with developments in the industry and how those changes can affect our clients.

Our Services

Our depth of experience in real estate law enables us to advise strata/condominium corporations on complex reorganizations of their management and structures. Our services include:

• Creation of sections within strata/condominium corporations
• Creation or changes to limited common property
• Changes in unit entitlement
• Sale or acquisition of common property or other assets
• Arbitration of disputes involving permission to renovate strata/condominium lots or work on common property
• Easements, rights of way and covenants
• Re-development or substantial renovation of condominium projects
• Court approval of amendments to phased strata/condominium plans
• Concluding settlements in major “leaky condo” litigation
• Acting for strata/condominium corporations to collect substantial maintenance arrears
• Advising strata/condominium corporations on disputes regarding use of common property
• Advising owners and strata/condominium corporations on rental bylaws and noise issues
• Preparation of Developers’ Sales Packages - This includes preparation of pro-forma offers to purchase which comply with the legislation, draft by-laws, management agreements, restrictive covenants and other documents which form part of the disclosure package and which are ultimately registered with the plan. We work with the developer and his surveyor to ensure that the plan which is registered provides the flexibility which the developer requires. We also have extensive experience relating to the development of bare land unit condominiums and the re-division of bare land units to facilitate phasing projects.