Condominium Documents
The Working Group on Lawyers and Real Estate established a sub-committee to consider the work undertaken in the purchase of a condominium. The sub-committee received its mandate, and produced the following documents for a resale condominium transaction.
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New Final Versions of Condominium Documents
The Working Group is pleased to release the following documents to assist real estate lawyers and their purchasers in a resale condominium transaction.
you are welcome to use these documents in your transactions.
Document
Description
The Master Chart is meant to bring to purchasers' minds the items of concern and whether or not their lawyer will deal with it. For this reason, you will find each item has been marked as being Standard or Optional. The lawyer is required to address all Standard items as part of his/her regular retainer but Optional items will only be dealt with at the request of the client, which a lawyer may or may not accept, indicating any impact on the fees quoted. The Working Group intended to identify all matters which a lawyer should minimally deal with, and expected that lawyers could modify the chart they will provide to their clients to include more items, if they so desire, to establish that as their usual retainer.
A draft retainer which directs clients to complete the Client Information Form and directs them to the Guide for more information. The Working Group attempted to keep this retainer as short as possible but relevant and informative for clients.
This form hopefully will provide all the information the lawyer will need to complete the transaction.
This report will provide the client with a review of the important aspects of the status certificate that the lawyer considers and identifies issues which the client should be concerning themselves with.
This chart sets out a list of parts of the condominium Unit and Common Elements and suggests who possibly would be responsible for the Repairs and Maintenance of those. These obligations are set out in every individual Condominium Corporation’s documents. This chart should be compared to your condominium Declaration, By-laws, Rules and policies, copies of which should be provided as part of the Status Certificate. This chart was created by and posted with the consent of Davidson Houle Allen LLP Condominium Law. We thank them for their contribution.
This report refers to the retainer and status certificate review report to keep it short and informative.
This 49 page guide is meant to provide all the information clients might need and reduce the lawyer's time commitment to educate their clients on this type of real estate purchase. It is not meant to be read from cover to cover in one sitting but rather to be consulted on a as needed basis.
Your comments and suggestions are important to truly make these Ontario-wide documents which will be embraced by all. Please send any comments or suggestions please contact us
Thank you for your interest, comments and suggestions.
A copy of the status certificate set out in the government regulations is attached here for your easy reference.