The 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!!
I haven’t reviewed all of the forms in detail yet, but I like what I have seen so far! The forms are much easier to fill out than the current forms. They have an appealing look and are much more accessible. The font is large, clear, and easy to read. The forms should make implementing the changes much easier!
Here are some of the highlights for the forms available now:
- Request for Records
- Board’s Response to Request for Records
- Waiver by Requester of Records
Much has been said about the new record request process, which includes a form for both the requester and the board’s response. Both forms are available now. For those who want to avoid the new process, the parties can agree to create their own process. A third form, called the waiver by requester, is available for this situation.
- Preliminary Notice of Meeting
- Notice of Meeting
- Notice of Meeting for loss of quorum
- Owner’s Submission of Material to be included in the Notice of Meeting
- Agreement to Receive Notices Electronically
While the forms contain much of the same information many management companies already include in their notices, the forms will help standardize them across the Province, which is great. The forms also include helpful paragraphs with information about the process or other legal requirements that owners may not be aware of. The proxy form will require the owner to initial or sign beside each paragraph with instructions for the proxy holder. This should make it more difficult for proxy holders to fill in information after the owner has given them the proxy. One of the most useful forms is likely the agreement to receive notices electronically. I suspect that this form might be the one used the most in coming months as condominiums try to avoid the additional labour, printing, and postage charges related to the new certificates, preliminary notices, and notices!
- Periodic Information Certificate
- Information Certificate Update
- New Owner Information Certificate
- Notice of Online Posting of the Certificates
The information certificates are also available. Surprisingly, the certificates do not look like the status certificate form. The new format, like the other new forms, is much easier to read.
You can search the forms on the Ontario website https://www.ontario.ca/search/land-registration?openNav=forms&sort=desc&field_forms_act_tid=condominium.