Update on Previous Post – Fight Fire with Fire: Seeking Court Orders to Amend the Declaration

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Last year we posted about a case where a condominium commenced an application to the Superior Court of Justice for an order amending its declaration. The condominium wanted amendments to its declaration because of a repair and maintenance issue with the fireplaces in the building. A group of owners with fireplaces filed their own application seeking to have the chimney flues deemed part of the common elements, which the condominium was responsible for maintaining and repairing. They also sought an order requiring the condominium to maintain and repair the chimney flues.

To summarize, the court ordered the declaration amended to make the fireplaces exclusive use common elements, but refused to amend the declaration to require the owners to maintain and repair the fireplaces. As a result, the condominium would be responsible for the repair of the fireplaces while the owners and condominium will continue to share the obligation for maintenance of the fireplaces. Our previous post is available here:https://ontcondolaw.com/2019/08/02/fight-fire-with-fire-seeking-court-orders-to-amend-the-declaration/ Continue reading

Reminder: Feedback on Future Amendments to Act Due August 14, 2020

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As you may have heard by now, the Ontario government is looking for feedback on its latest proposals for future amendments to the Condominium Act, 1998. Specifically, it appears that the government is planning to move forward with implementing a “Condo Guide” that would explain, in plain language, basic information for purchasers of new condominiums on such important matters such as the rights and responsibilities of owners, occupiers, and directors. The guide would be prepared by the Condominium Authority of Ontario (CAO) and developers would be required to provide a copy of the Condo Guide to purchasers with other disclosure documents.

Interestingly, the CAO has already developed a Condo Buyer’s Guide, which is available on its website: https://www.condoauthorityontario.ca/resources/condo-buyers-guide.pdf That said, the proposed table of contents suggests that the new Condo Guide will be more comprehensive, including topics such as purchasing a unit (new and resale), moving into a pre-construction condominium, condominium living, troubleshooting, and a glossary of key terms.

The government intends to implement the changes on December 1, 2020. Comments are due by August 14, 2020. Comments can be made on the government website at: https://www.ontariocanada.com/registry/view.do?postingId=33587&language=en

 

Amendments to the Condominium Act, 1998: A Recap of 2017 to 2020

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As you may recall, on November 1, 2017, parts of the Protecting Condominium Owners Act, 2015 (“PCOA”), came into force. The PCOA amended the Condominium Act, 1998, and other legislation to protect owners and provide them with more information about their condominiums. Original estimates suggested that the remaining amendments from the PCOA would be rolled out in phases with the first phase as early as the Spring of 2018 and all amendments within a year or two. This did not happen. Most of the PCOA still has not come into force. Continue reading

Section 109: Court Amendments of the Declaration & Description

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I appreciate that many of you might be feeling overwhelmed by all of the posts about COVID-19 lately. It is all we hear about and it is hard not to feel anxious about it sometimes. Today, we go back to normal. This post is about a recent court decision.

A recent case discusses when the court will order an amendment to the declaration or description under section 109 of the Condominium Act, 1998.  According to section 109 of the Act a condominium or an owner may make an application to the Superior Court of Justice for an order amending a declaration or description. The court may make an order where:

Grounds for order

(3) The court may make an order to amend the declaration or description if satisfied that the amendment is necessary or desirable to correct an error or inconsistency that appears in the declaration or description or that arises out of the carrying out of the intent and purpose of the declaration or description. 1998, c. 19, s. 109 (3).

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Is Phase Two of the Amendments on Its Way?

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Unless you are new to condo living, you likely know that the Condominium Act, 1998 was amended in 2017. At the time, many believed that the rest of the amendments would be phased in over the following 18 to 24 months. It has been two years and very few of the remaining amendments have come into force. [Note: if you review the Act you will see large portions of it in grey indicating that it has not yet come into force]. Continue reading

Fight Fire with Fire: Seeking Court Orders to Amend the Declaration

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A condominium corporation recently brought an application to the court for an order amending its declaration. The application was brought under section 109 of the Condominium Act, 1998, which allows the court to amend the declaration for a condominium where it is “necessary or desirable to correct an error or inconsistency that appears in the declaration….or that arises out of the carrying out of the intent and purpose of the declaration.” The case is most interesting because of the alleged errors or inconsistencies. The case is available on CanLii for those interested in reading it in its entirety.  Continue reading

Condo Chat: What do you want to see for future amendments?

stencil.default (3)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:

  1. 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.
  2. 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.
  3. 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?
  4. 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?

Amendments: What’s still to come?

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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:

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Big Changes to Tarion and Warranties are Coming!

stencil.default (2)The Strengthening Protection for Ontario Consumers Act, 2017, which is also known as “Bill 166”, received royal assent on December 14, 2017. According to the press release by the Ontario government, Bill 166 was designed to “build a fairer, safer and more informed marketplace with stronger rules for buying event tickets and travel services, and purchasing, leasing or selling real estate, including newly built homes.” The bill amends or repeals 13 existing statutes like the Ontario New Home Warranties Plan ActReal Estate and Business Brokers Act, and Travel Industry Act, and enacts three new statutes: the Ticket Sales Act, New Home Construction Licensing Act, 2017, and Protection for Owners and Purchasers of New Homes Act, 2017. 

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