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Nevertheless, lawyers representing condominium boards are concerned about their clients getting saddled with sweetheart deals, says Chris Jaglowitz, a condominium lawyer at Gardiner Miller Arnold LLP in Toronto who runs the Ontario Condo Law Blog (ontario condolaw.com). Without the protection of s. 112, he says, a board could find itself locked into, for example, a 20-year lease paying the developer for the super- intendent's suite. "People rooting for the consumer are saying, 'What happens if the board wants to get out of a bad deal?'" says Jaglowitz. He notes that the response of developers' lawyers is all contracts will be fully disclosed in pur- chase agreements and everyone should read these agreements before buying a condo. But, he adds, "Of course, nobody does read them." Vancouver-based condominium TitlePlus_CL_Mar_10 2/11/10 12:54 PM Page 1 lawyer Pat Williams, a partner with Clark Wilson LLP, says he is concerned B.C. consumers do not have the protec- tion of such a provision. He says this type of energy-efficient contract often appears to have costs front-loaded, with savings to be shared with other condo corporations in developments that are anticipated but not yet constructed. Herskowitz says the amendments he is proposing could include conditions requiring third-party certification from a qualified engineering firm to ensure that projects are properly designed, con- structed, and maintained, and will gener- ate the energy savings they promise. However, he says, without the support of condominium corporation lawyers, he is not optimistic that the act will be amend- ed in the near future. "So those types of projects that require a heavy capital out- lay are stymied for the time being." Freelance journalist and business writer Kevin Marron can be reached at kevin@ kevinmarron.com. Everything you need Together we have all the tools The TitlePLUS® protect your clients from title risks.1 Program works with you to help With the right tools we assist you, through our legal serv- ices coverage2 , by reducing the inconven- ience of dealing with a loss as the result of an error or omission in your real estate transac- tions. To ensure your clients get the most compre- hensive coverage in one policy, take a look at the TitlePLUS Program, your Bar-related® estate partner! real PROTECTION AS GOOD AS IT GETS 1-800-410-1013 1 titleplus.ca Please refer to the policy for full details, including actual terms and conditions. The TitlePLUS policy is underwritten by Lawyers' Professional Indemnity Company (LAWPRO®)/ Assurance LAWPRO®. Assurance LAWPRO is a registered name used in Québec by Lawyers' Professional Indemnity Company. Contact LAWPRO for brokers in Manitoba, Alberta and Québec. 2 Excluding OwnerEXPRESS® policies and Québec policies. ® TitlePLUS, the TitlePLUS logo, OwnerEXPRESS, LAWPRO and Assurance LAWPRO are registered trademarks of Lawyers' Professional Indemnity Company. ® BAR-RELATED Mark is a registered Mark of North American Bar Related Title Insurers used by LAWPRO under License. www. C ANADIAN Law ye rmag.com JULY 2010 25