Picture
Picture
Name and Title
Warren Kleiner
Partner
Partner
Year of Call

2000 (Ontario)

Memberships
  • Member, Canadian Condominium Institute, Toronto Chapter
  • Member, Association of Condominium Managers of Ontario
Publications
Description

Deborah Howden and Warren Kleiner Head ShotPurchasers who wish to invest in condos prior to construction can mitigate their risk by seeking legal advice before signing on the dotted line, according to Toronto condominium lawyers Deborah Howden and Warren Kleiner.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2019-05-15
Description

Warren Kleiner Head ShotCondo boards have two options if they want to prohibit smoking, growing or processing cannabis within their buildings — they can either amend their declaration or pass a rule, Toronto condominium lawyer Warren Kleiner tells Law Times.

“A rule is easier to pass, but a rule has to be reasonable,” says Kleiner, partner with Shibley Righton LLP in Toronto. “What we do think is problematic [is] when corporations take steps to ban cannabis but not tobacco. Rules have to be reasonable, and if you’re smoking in your unit and it gets into the hallway, what’s the difference if it’s tobacco smoke or cannabis smoke? Smoke is smoke; otherwise, a rule risks being overturned.”

The online legal news outlet reports that condo corporations that opt to ban cannabis could still grandfather rules to existing residents or owners if those guidelines to prohibit smoking were not in place before the Oct. 17, 2018 legalization date.

Even without a rule that bans smoking cannabis, it’s important for condo residents to understand they will still have to act reasonably, Kleiner says.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story
.


Date_Published
2019-03-25
Description

Warren Kleiner Head ShotIn the final instalment of a two-part series, Toronto condominium lawyer Warren Kleiner discusses solutions to some of the common issues that arise with shared facilities agreements.

A community-focused approach can help defuse tensions caused by shared facilities agreements (SFAs), Toronto condominium lawyer Warren Kleiner tells AdvocateDaily.com.

As Kleiner, a partner with Shibley Righton LLP's Toronto office, explained in part one of this series, SFAs, which spell out who is responsible for expenses associated with common facilities, are a frequent source of strife among condo corporations and freehold entities.

However, he says there are a number of steps parties can take to get ahead of disputes or to avoid them spiralling out of control.

Co-operation

“Working together is critically important for parties to an SFA,” Kleiner says. “If it involves three condos, any solutions must work for the entire community.”

Community thinking is even more important for those on the shared facilities committee tasked with making decisions relating to the agreement.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-11-16
Description

Warren Kleiner Head ShotIn part one of two-part series on shared facilities agreements, Toronto condominium lawyer Warren Kleiner outlines the most common issues that arise.

Shared facilities agreements (SFAs) are a frequent cause of concern for condo corporations, Toronto condominium lawyer Warren Kleiner tells AdvocateDaily.com.

Kleiner, a partner with Shibley Righton LLP's Toronto office, explains that the agreements are most often associated with recreation facilities such as pools, yards and activity rooms in developments that are home to multiple condo corporations and in relation to facilities such as shared roadways, gatehouses, parking garages and utility feeds, spelling out who is responsible for associated expenses.

“Any time a condo is not stand-alone, you should have an SFA, whether it’s between more than one condo corporation, or a few condos and a freehold entity,” Kleiner says. “And the costs can be pretty high. I have seen some condos where half of the common expenses are going towards shared facilities."

Many of the problems associated with SFAs arise from the fact that they are drafted by developers, often years before the subject condos become a reality, he says.

“They’re done in a conceptual sort of framework when nobody knows how things will work in reality, once everything is in existence on the ground,” Kleiner says. “The practicalities at the end of the day are not necessarily the same as what was envisioned when the SFA was written.”

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-10-24
Description

Warren Kleiner Head ShotCondominium directors on the board could benefit from additional training in governance issues beyond what mandatory education courses provide, Toronto condominium lawyer Warren Kleiner tells AdvocateDaily.com.

The Condominium Act 1998 requires that all directors appointed, elected, or re-elected on or after Nov. 1, 2017 complete a training program provided by the Condominium Authority of Ontario (CAO) within six months to assist them in understanding their obligations and best practices for good governance, according to the CAO website.

“That gives directors a better understanding of how condos work, but there are often other issues we are asked to comment on when the board is having problems,” says Kleiner, a partner with Shibley Righton LLP in Toronto.

The Condominium Director Training Program, provided by the CAO, consists of 21 short modules, one of which specifically addresses “The Role of Directors and Their Key Responsibilities.” It covers the statutory obligations and corporate governance principles that guide directors, but Kleiner has some extra tips for prospective and current board members.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-10-09
Description

Warren KleinerWith bed bugs becoming an increasingly common problem for condominium corporations, Toronto condominium lawyer Warren Kleiner says corporations need to have a tactful approach in dealing with the problem.

“Bed bugs have proliferated everywhere and can spread in unexpected ways. It’s hard to determine where they originated in a building so don’t make accusations,” he tells AdvocateDaily.com.

Having a balanced approach involves both unit owners and the board in eradicating the bugs, says Kleiner, a partner with Shibley Righton LLP in Toronto.

“It’s a partnership between the owners reporting and the corporations hiring a pest control company. If you’re going to charge people in a unit for extermination costs, you’re blaming them in a way," he says.

Billing a unit owner may also prevent other residents from coming forward if they find bed bugs, Kleiner says.

“The best approach is to ensure people feel comfortable to report rather than feeling stigmatized. And while there may be an argument that you can charge a unit dweller for costs incurred, most corporations will treat and pay for it because there likely is more than one unit infested,” he says.

Kleiner also advises against putting up notices about bed bugs throughout the building.

“You don’t want to alarm people,” he says.

Preventive inspections can be tricky due to the high costs and the difficulty in getting into each unit, Kleiner says.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-07-09
Description

Warren KleinerCondominium corporations and unit owners can expect their costs to climb due to the higher minimum wage and other changes to the recently updated Employment Standards Act (ESA), says Toronto condominium lawyer Warren Kleiner.

The minimum wage, which increased to $14 an hour on Jan. 1 and is expected to rise to $15 an hour in 2019, had an immediate impact, says Kleiner, a partner with Shibley Righton LLP in Toronto.

The changes have most likely created a domino effect, with other employees currently earning more than the minimum wage seeking similar increases to reflect their responsibilities, he says.

Kleiner tells AdvocateDaily.com that condo corporations currently under locked service agreements won't face increases until the contracts are renewed but when that happens, “they’re going to get hit.”

“The minimum wage is going to be a direct hit to condominiums," he says. "The other thing that will trickle down is the impact of those other individuals who will be seeking raises in lockstep with the increases in minimum wages."

Part-time and casual workers are required to be paid the same as full-time workers for substantially the same work, except for reasons of merit or seniority, he says.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-06-01
Description

Warren KleinerToronto condominium lawyer Warren Kleiner’s practice area keeps him on his toes. 

The most recent census estimated the city’s condo dwelling population to be 1.5 million people, or more than half of the total number of people living in Toronto, a figure that jumped from just under one million in 2011.  

“More and more people are living in condos, and that kind of explosive growth means that the sorts of matters we’re dealing with are constantly changing and expanding,” Kleiner says. “There are always new issues, which makes it challenging, but also exciting.”

After graduating from Osgoode Hall Law School at the turn of the century, Kleiner, a partner with Shibley Righton LLP's Toronto office, received his call to the bar around the same time as Ontario’s Condominium Act 1998 came into force, revolutionizing the regulation of condos in the province.

Currently, his practice is focused on the fallout from the most recent revamp of the Act in late 2017, arguably its most significant since the law was introduced. 

“That has changed things dramatically again,” Kleiner explains.

Despite that, he tells AdvocateDaily.com that a career in condo law wasn’t always on the cards for him. Indeed, he flirted with the idea of litigation while in law school.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-05-07
Description

Warren Kleiner

Amendments to the Condominium Act that took effect in November 2017 marked the most significant changes to the condominium industry since its inception, writes Toronto condominium lawyer Warren Kleiner in Condo Voice.

With approximately 10,000 residential condo corporations in Ontario and 800,000 residential units, it was time for some modifications to the 1998 Act, says Kleiner, a partner with Shibley Righton LLP's Toronto office.

While changes to the Act will unroll in stages, the November amendments relate primarily to governance matters, communications with owners, mandatory disclosures and training for directors, meetings and voting, corporation records and the creation of the Condominium Authority of Ontario (CAO), the article says.

The CAO — focused on consumer protection and supporting healthy condo communities across Ontario — will be a source for information, training, dispute resolution, and other services, Kleiner writes.

“The CAO will offer a new, online dispute resolution process, called the Condo Authority Tribunal (CAT), starting Nov. 1, 2017,” he says. “The CAT will have the exclusive jurisdiction to hear and make legally binding and enforceable decisions about condo disputes. Only disputes identified by the government in the regulations can be [filed] with CAT, which at first will be limited to disputes about records of the Corporation.”

Kleiner says with the changes, condo corporations will now have to provide new information certificates to owners — Periodic Information Certificates (PICs), Information Certificate Updates (ICUs) and New Owner Information Certificates (NOICs).

“The PICs will have to be sent twice per fiscal year, within 60 days of the end of the corporation’s first and third fiscal quarters,” he writes. “They will include information about legal actions and judgments, insurance information including the maximum insurance deductibles that can be charged back to owners, information about directors involved in legal action and if they are in arrears 60 days or more, budget information, reserve fund balance, remaining contributions, anticipated expenditures, projected increases, and more.”

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-04-13
Experience
More About
  • Shared Facilities Agreements – Problems and Solutions, MTCondoLaw – Ontario, March 2016
  • Electric Car Chargers: No longer a passing fad, condos need to be ready, MTCondoLaw – Ontario, November 2015
  • Dogs and Disabilities, MTCondoLaw – Ontario, September 2015
  • What Is A Private Single Family Residence?, MTCondoLaw – Ontario, July 2015
  • So you got elected to the board … Now what?, Condo Business, 2015
  • Shared Facilities: The Larger Community, MTCondoLaw – Ontario, September 2014
  • Retail Uses in Primarily Residential Developments – Do Boards Have a Say?, Let’s Talk Condo – Ontario, Fall 2010
  • Time To Review Your Rules, Let’s Talk Condo – Ontario, Spring 2010
  • Adequate Reserve Funds and the H.S.T., Let’s Talk Condo – Ontario, Fall 2009
  • What to do When the Police (or CSIS) Come Knocking, Let’s Talk Condo – Ontario, Summer 2009
  • Green Bin Collection in High Rise Buildings, Let’s Talk Condo – Ontario, Summer 2009
  • Wine and Cheese, Let’s Talk Condo – Ontario, Summer 2008
  • Shared Facilities Management, Let’s Talk Condo – Ontario, Winter 2007
  • Management Agreements – Are you Protected?, Let’s Talk Condo – Ontario, Fall 2007
  • Condominium Governance, Let’s Talk Condo – Ontario, Summer 2007
  • Insurance Deductibles, Let’s Talk Condo – Ontario, Spring 2007
  • Tips for the New Year, Let’s Talk Condo – Ontario, Winter 2006
  • Smoke Free Ontario Act, Let’s Talk Condo – Ontario, Fall 2006
  • Electricity, Let’s Talk Condo – Ontario, Spring 2006
  • Individual Metering, Let’s Talk Condo – Ontario, Winter 2005
  • Are Pets Allowed?, Let’s Talk Condo – Ontario, Fall 2005
  • The Board’s Duty of Confidentiality, Let’s Talk Condo – Ontario, Summer 2005
  • When is a Reserve Fund Adequate?, Let’s Talk Condo – Ontario, Spring 2005
  • New Privacy Legislation – Are You Ready?, Let’s Talk Condo – Ontario, Winter 2004
  • Potential Landmines, Let’s Talk Condo – Ontario, Fall 2004
  • New Residential Condominiums – The First Year, Let’s Talk Condo – Ontario, Summer 2004
  • Maintenance, Repair and Insurance – Know Your Obligations, Let’s Talk Condo – Ontario, Spring 2004
  • The Corporation’s Right of Access, Let’s Talk Condo – Ontario, Winter 2003
  • Enforcement of Rules, Not Policies, Let’s Talk Condo – Ontario, Fall 2003
  • Unincorporated Religious Organizations: Holding and Dealing with Real Property, Charities and Not-for-Profit Newsletter, September 2003
  • Limitations Act 2002, Let’s Talk Condo – Ontario, Summer 2003
  • In-suite Alteration Agreements, Let’s Talk Condo – Ontario, Spring 2003
  • Quick Tips, Let’s Talk Condo – Ontario, Winter 2002
  • Mediation and Arbitration or Court – Case Updates, Let’s Talk Condo – Ontario, Fall 2002
  • Electronic Sub-Metering of Utility Consumption in Condominiums, Let’s Talk Condo – Ontario, Summer 2002
BIO

Warren Kleiner is a real estate lawyer with a focus on Condominium Law. Warren primarily represents condominium corporations.

He assists condominium boards and management companies on all matters relating to condominium governance. He reviews and advises on the Condominium Act, declarations, by-laws and rules and all agreements that are entered into by condominiums. He also advises on liens and proceedings involving problematic owner-condominium relationships and on issues involving shared facilities. Warren has assisted many condominium communities to update their shared facilities agreements to avoid disputes and provide for a fair and workable framework for managing shared facilities.

Warren is committed to keeping his clients up to date with the evolving state of Condominium Law, including Bill 106, the Protecting Condominium Owners Act, amending the Condominium Act, 1998 and enacting the Condominium Management Services Act 2015. He is active with the Canadian Condominium Institute and the Association of Condominium Managers of Ontario. He has authored several articles on condominium-related topics for other industry publications including the Condo Voice and the Real Estate News. He has lectured at the Law Society of Upper Canada, the Toronto Condo Show and various CCI and ACMO seminars. Warren was also an instructor for the bar admission course real estate section.

Warren’s goal is to provide his clients with efficient and cost-effective services while finding practical solutions to problems.

Contact Information

T: 416.214.5238
F: 416.214.5438
E: wkleiner@shibleyrighton.com

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Education
  • LL.B., Osgoode Hall Law School
  • B.A., Concordia University
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