Amendments coming January 1, 2018

2018It has been a busy six weeks as those in the condo industry learned how to use the new forms, conduct owners’ meetings, and apply all of the other amendments that came into force on November 1, 2017. For more information on the amendments in force now, see some of our previous blog posts:

What is Changing Come November 1, 2017 

The Condo Act Forms are Available!

The NEW PROCESS for Owners’ Meetings

Common Errors with the Amendments

The Condominium Authority Tribunal (CAT)

In a couple of short weeks, on January 1, 2018, the second phase of amendments will come into force. The second phase does not have as many changes as the first, but there are, nonetheless, some important changes worth noting. 

1. Warranties for Conversion Condos

The Condominium Act, 1998 (“Condo Act”) and the Ontario New Home Warranties Plan Act (“ONHWPA”) will be amended to reflect the new warranty coverage for some parts of residential conversion condominiums. The amendments include:

  • New definitions for “pre-existing elements”, “pre-existing elements fund study”, and “residential condominium conversion project”.
  • A new part within the ONHWPA to describe the warranties, registration and enrolment processes, and the creation of a pre-existing elements fund by the builder.
  •  The Condo Act will be amended to add additional disclosure obligations for developers of residential conversion condos, including information about the pre-existing elements.

2. Returns

The sections of the Condo Act that describe the obligations to file returns (i.e. initial, turn-over, annual, and transitional) to the CAO’s registrar will come into force on January 1, 2018. So do the amendments that require condominium’s to file notices of change upon a change in certain information, like the condominium’s address or directors.

3. Compliance Order to the Registrar

The CAO’s new compliance order powers come into force on January 1, 2018 as well. The CAO’s registrar will be able to order a person to comply with section 1.30(6) [the condominium’s obligation to remit payment to CAO for the assessments (currently $1/unit/month)], Part II.1 [the condominium’s obligation to file returns with CAO] or s.132(9) [the arbitrator’s obligation to provide copies of arbitration awards to CAO]  if the registrar believes on reasonable grounds that the person has contravened those sections.

Enjoy your New Year’s celebrations, but remember when you wake up there will be more amendments to learn. And if that wasn’t enough, the third phase of amendments will come into force a few short weeks later on February 1, 2018. Look for more information on the amendments in the third phase in future posts.