There has been a lot of talk about electric vehicles in condominiums lately, despite the fact that electric vehicles still represent less than 1% of passenger vehicles in Ontario. The Ontario government hopes to increase the number of electric vehicles on the roads and has created new legislation to make it easier for owners and condominiums to install electric vehicle charging systems. The new regulations came into force on May 1, 2018. Continue reading
As you may know, section 97 of the Condominium Act, 1998 (the “Act”) addresses changes made to the common elements, assets, and services of the condominium. In the amendments to the Act, section 97 will be removed and replaced with a new section 97.
The awkward language “addition, alteration, or improvement” will be replaced with “modification” (although the three words will form part of the definition of modification). Section 97 will also add a requirement that the board must conduct an assessment of the cost of any proposed modification where it is required to give notice to the owners.
Apart from the language, there are some other big changes coming to section 97. Continue reading
In my last post, I wrote about section 98 of the Condominium Act, 1998, which permits owners to make changes to the common elements if: the board approves the proposed change; they enter into an agreement with the corporation; and notice is provided to all owners (if applicable). Today I’ll discuss the agreement in more detail.
Section 98 of the Act requires an owner to enter into an agreement with the corporation before making any changes to the common elements. The agreement must, at a minimum, do the following:
- Allocate the cost of the proposed change between the owner and the corporation;
- Set out the responsibilities for maintenance, repair after damage, and insurance of the proposed change; and
- Set out other matters required by the regulations, which currently adds a requirement that the agreement state who owns the change.
The agreement may be referred to as a “section 98 agreement”, “indemnity agreement”, or “alteration agreement”. The term used is not important; it is simply a preference of the lawyers and managers in the area. For instance, in Waterloo and surrounding areas the term “indemnity agreement” is often used, whereas toward London the term “alteration agreement” is more common.
In the last two weeks, I’ve had two people suggest that I write about section 98 of the Condominium Act, 1998, so that’s what I’m going to do today. (Thanks for the suggestions!).
Section 98 of the Condominium Act, 1998, addresses situations where owners want to make an “addition, alteration or improvement” to the common elements. The courts have defined “addition” as joining or connecting something to a structure; “alteration” as changing the structure; and “improvement” as the betterment of the property or enhancement of it. Continue reading
I don’t often write about municipal law decisions involving condominiums, but a recent decision of the Ontario Municipal Board (OMB) should remind condominiums that they need to rely on their professionals. A condominium had a private well drilled on the property to use for landscaping purposes. The condominium applied for a minor variance to the zoning by-law that prohibited private wells where municipal water was available (with a few exceptions). The application was denied so the condominium appealed to the OMB. Both the City and the Region opposed the condominium. Continue reading