Common Errors with the Amendments

techThe first phase of amendments to the Act has been in force for almost a month now. We have new forms, a new tribunal, and the CAO. There is a new process for calling and holding meetings. There are new information certificates. The changes span hundreds of pages so, understandably, everyone is still getting the hang of it all. There are even disputes about how certain parts should be interpreted. Here are some of the most common mistakes or misconceptions that we’ve encountered so far: Continue reading

Fair Taxes – Guelph Condo Residents

piggybankTo any Guelph condo owners and residents, you need to lend your voice (or even just be a face in the audience) at some upcoming City meetings to help get the condos in the Guelph community better services for the taxes paid. I give thanks to Ted Pritchard, the chair of the Fair Taxes Campaign – Guelph, for informing condo owners (including me) of the upcoming dates. Continue reading

The New Information Certificates

PICThe amendments to the Condominium Act, 1998, will result in much more frequent communications to the owners with valuable information about the condominium. One new source of information is the information certificates: the periodic information certificate (PIC); the information certificate update (ICU); and the new owner information certificate (NOIC). The new certificates became a requirement as of November 1, 2017.  Continue reading

The NEW PROCESS for Owners’ Meetings

meetingThe first phase of amendments to the Condominium Act, 1998, came into force on November 1, 2017. While the first phase included amendments to a variety of areas, there were a few areas with significant changes. One of the most significant changes will be to the way we call and hold owners’ meetings.

While much has been written about the new AGM process, it is important to note that the changes to the Act apply to all owners’ meetings (i.e. AGMs, requisition meetings, special meetings) in most circumstances.  The transitional provisions are not entirely clear so if you intend to call and/or hold a meeting of owners between November 1st, 2017 and December 10th, 2017, you should speak with a lawyer to see which provisions apply to your meeting.  Continue reading

Turn-over Meetings: From Developer to Owners

stencil.default (35).jpgDevelopers have several obligations post-registration of a condominium, such as appointing a board of directors and the auditor, collecting fees, obtaining insurance, and registering the proposed by-laws. There are other tasks, such as arranging for a reserve fund study, performance audit, or repairs/maintenance, that might arise depending upon how long the developer controls the first board.

The developer must also call a meeting of owners on the later of the 30th day after 20% of the units have been transferred and the 90th day after the developer has first transferred title to a unit. At the meeting, the owners (other than the developer) may elect two new directors.  The meeting is not required if a majority of the units have been transferred and a meeting has been called to relinquish control to the owners (called the “turn-over meeting”). The turn-over meeting must be called within 21 days of the developer transferring a majority of the units and held within 21 days after it is called.  Continue reading

The Condo Act Forms are Available!

fireworksThe moment we have all been waiting for is almost here! The first phase of amendments to the Condominium Act, 1998, come into force on November 1, 2017. For weeks we have all been speculating as to whether the implementation date would be delayed again or not. The main reason? We didn’t have the forms yet. Well, guess what? On Tuesday afternoon the forms were released!!  Continue reading

What is changing come November 1, 2017?

timeWe are only days away now from the next phase of amendments to the Condominium Act, 1998 (and other statutes) from the Protecting Condominium Owners Act, 2015 (Bill 106). The first phase created the Condominium Authority of Ontario (CAO), which is the authority responsible for overseeing the Condominium Act, 1998 and improving condominium living in Ontario. With so many changes described in Bill 106 and talk about phasing in the amendments, the question I am most often asked is “What is changing next?” Continue reading