Disputes and Claims When Purchasing a Condominium

Disputes and Claims with a Condominium Corporation

Many believe that purchasing a property is a simple person-to-person transaction that does not require specialized legal advice. However, there is an additional participant in the purchase of a condominium – the condominium corporation. The corporation’s numerous documents include bylaws, financial statements, and minutes from board meetings that require scrutiny before committing to a purchase. Subtle passing references in board meeting minutes might reveal a serious problem requiring repair or a potential special assessment. If not properly apprised, a purchaser may end up having more financial exposure than they bargained for. Our experienced condominium lawyers can assist in identifying these types of issues.

Alternatively, a purchaser may find that the bylaws prevent pet ownership, or limit it to specific cases or board discretion. This may be a deal breaker, especially if you are told you cannot bring your family pet to live with you. Similarly, bylaws may prohibit or limit particular uses of the condominium unit, including business activities, smoking, or rentals. Our experienced condo lawyers can advise you at the outset whether the bylaw is likely to cause a legally insurmountable issue for you. Legal advice from counsel familiar with condominium matters can help you negotiate approvals (where available), challenge the bylaw itself, or advise on whether you are legally obliged to close on the purchase. 

Practical legal advice can provide a necessary and objective buffer in what can be an emotional process. Many buyers rely on information from the vendor or real estate agent but those individuals have a financial interest in the deal closing. Our condominium lawyers can provide an objective assessment and practical advice.

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