Extra, Extra, Read All About It: More Amendments on the Way!

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As you may know, the Ontario government delegated authority for some of the prescribed forms to the CAO. This change came into effect on January 1, 2020. That’s not all the Ontario government has in mind for future amendments!

Recently, the Ontario government announced that it is moving forward with implementing amendments to the Condominium Act, 1998 (the “Act”) that were passed by the previous government. Since much of the Act simply says “as prescribed” now, the next phase involves the creation of regulations describing the details. In January the government was sought feedback on a proposal that would:

  1. Add to s.117 of the Act activities prohibited on the common elements or assets of the condominium, including noise, odour, smoke, vapour, light, vibration and infestation; and
  2. Expand the scope of disputes that can be heard by the CAT to include:
    1. nuisances, annoyances, disruptions, vehicles, parking, storage, and pets as prescribed in the regulations or as described in a declaration, by-laws or rules; and
    2. any indemnification or compensation of costs incurred by the condominium with respect to any of the above issues.

The proposed date for these changes to come into force is July 1, 2020.

Today, the government announced that it is seeking feedback on further proposals with respect to the Act and its regulations. Specifically, it appears the government is moving forward with amendments related to the following areas:

  • Changing the amount of interest that would be owed to a purchaser who makes deposits and other payments on a purchase into a pre-construction condo project, by the developer, if the condo project is cancelled and in other circumstances;
  • Requiring the CAO to develop a condo guide for buyers and require developers to provide it at the point of purchase;
  • Establishing guidelines or standards that will govern how condo corporations are to procure goods or services;
  • Clarifying how interim occupancy fees are handled by developers;
  • Establishing a process whereby condo corporations could add charges to an owner’s common expenses (condo fees), under certain circumstances;
  • Clarifying how contributions are made to reserve funds, the manner in which they can be used and how reserve fund studies can be conducted; and
  • Clarifying the processes for mediation or arbitration between corporations and owners.

If you want to make any comments about these topics you can do so by completing the feedback form found on the Ontario website: https://www.ontariocanada.com/registry/view.do?language=en&postingId=31627 . There are some questions about each topic and a box for feedback. The deadline to submit comments is March 10, 2020.

Happy reading!