Earlier this week the Condominium Authority Tribunal (CAT) released its first five decisions. The CAT only has jurisdiction over record disputes at this point in time so all five decisions relate to records. The cases are available on CanLII should you wish to read them in full. Here are the highlights: Continue reading
Today I thought I would write about something a little different – it’s my wish list for the next round of amendments and changes to the regulations. Here they are in no specific order:
- Amalgamation for condominiums that are not standard. The amendments to the Act that have come into force make me believe this might be on the horizon, but the regulations still require the condominiums to be standard ones. I understand the rationale for not combining different types of condominiums, but why restrict the ability only to standard condominiums? Six common elements condominiums should be able to amalgamate without much difficulty.
- Public database for managers. Many professional organizations, like the Law Society of Ontario, have a public database that people can search for information on the licensees. It would be nice if the CMRAO had the same for managers. This would make it easier for people to search for information, such as their licences, about their managers without calling the CMRAO.
- Director training in formats other than online. This one is already possible as the authority has been delegated to the CAO. There are condominiums losing knowledgeable and experienced directors because they do not want to (or cannot) complete the training online. Why not allow a organization like CCI to offer training? The CAO could require accreditation of all programs just like the Law Society of Ontario does for the program to count toward our a lawyer’s continuing education requirement. ACMO still plays a role for managers. CCI has been a pivotal organization in educating directors for decades across the country. Why not allow them to continue to do what they do?
- More time to call a requisition meeting. The amendments to the Act make it very difficult for a condominium that receives a requisition to hold the meeting within the 35 day period required by the Act. While there is a provision that allows the condominium to send the preliminary notice out to owners 15 days before the notice of meeting, instead of 20 days, this still isn’t enough time in many cases. Currently, the Board only has a few days to review the requisition with its lawyer, find a location for the meeting, confirm the availability of everyone who needs to be there, and have the manager to prepare and distribute the preliminary notice to all of the owners. This is a transitional period issue as the timeline will change once further amendments are in place, but the transition period is taking much longer than expected so it would be nice if this amendment was prioritized for the next round.
These are just a few of the issues I’d like to see prioritized for the next round of amendments. Only time will tell when the next phase of amendments will come into force as there has been no press release from the new government with respect to its plans for the condominium industry. I’d love to hear from you. What do you want to see in the next round?
As you may have heard, the first round of amendments to the Construction Lien Act are scheduled to come into force on July 1, 2018. The purpose of this post is to provide a brief overview of some of the key changes as they may relate to condominium projects.
For starters, the Construction Lien Act will be known as the Construction Act. The amendments will not apply to all situations, including contracts entered into before July 1, 2018 (even if subcontracts were entered into after July 1, 2018) or the procurement process was commenced before July 1, 2018. There are other exceptions. Continue reading
A few years ago there was a lot of talk of a Superior Court case involving a woman and her dog. There was a 25 lb weight restriction. Her dog was well over 25 lbs. The woman initially claimed she needed the dog for her work with autistic children, but later claimed she needed the dog because of her own disability. She obtained a doctor’s note that indicated she required the dog for “emotional needs”. The condominium asked for permission to talk to the woman’s physician, but she refused so the condominium rejected her request for accommodation and initiated an application for an order requiring her to remove the dog from the property. The judge found there was insufficient evidence of a disability or any medical reason for the dog to reside in the unit. The judge also stated that the condominium fulfilled its obligation and that it could not be blamed for her refusal to cooperate in the process. The judge ordered the dog removed and awarded costs of $47,000 to the condominium.
The case was hailed by some as the solution to the generic one-sentence doctor’s notes (i.e. ones from a walk-in clinic or other physician who has spent only a few minutes with the person; ones that do not describe the disability or how the dog is required to accommodate the disability). Others were more cautious about the applicability of the case to other situations. You can read a previous post about the case here: https://ontcondolaw.com/2015/06/24/dog-restrictions-and-disabilities/
Does a recent Human Rights Tribunal decision indicate that the pendulum is swinging away from the case?
We previously wrote about provincial and federal elections rules relating to condominiums, especially regarding election signs here: https://ontcondolaw.com/2014/05/15/ontario-election-how-does-it-affect-your-condo/ In anticipation of the upcoming election we take this opportunity to provide some information about canvassers for elections. Continue reading
We are over the six month mark from the date the first phase of amendments to the Act came into force on November 1, 2017. That means every condominium should have sent out at least one information certificate by now, unless at least 80% of the owners have consented to dispense with the requirement. Have you sent yours? Here is a recap of the obligations: Continue reading
I am regularly asked about the amendments to the Condominium Act, 1998, and when we can expect the next phase of amendments. Many estimates suggested that the next round of amendments would be coming in the Spring of 2018. Nothing has been formally announced and this is looking less and less likely as we near June. There are some significant amendments still to come, including: