I have heard of situations where a condominium wants to avoid a requirement of the Act for one reason or another. Often the desire is to avoid the costs associated with the requirement. Other times the desire appears to be to reduce the number of administrative tasks. Whatever the reason, Section 176 of the Condominium Act, 1998, clearly states that the Act “applies despite any agreement to the contrary”. This means you cannot contract out of the Act.
Notwithstanding Section 176 of the Act, there are parts of the Act that a condominium can override by making changes to its declaration, by-laws or rules. There are also parts of the Act that a condominium can opt-out of if certain requirements are met. Continue reading
There is a new proposal to have the CAO assume responsibility for 19 forms under the Condominium Act, 1998 and its regulations. The idea is that the proposed changes would “support the condominium community in being able to more easily access and use certain forms under the Condominium Act, 1998.” The proposal is for 17 forms to be delegated to the CAO on January 1, 2020 and 2 additional forms on July 1, 2020. Continue reading
We posted previously about some common errors and misconceptions that we have run into since the Act was amended last year. We are still encountering issues regularly. Given the complexity of the regulations is it any wonder we are still encountering mistakes and misconceptions? Here are some of the most common issues we have encountered so far:
Myth: If a candidate makes a disclosure prior to her election or appointment she is automatically disqualified. For instance, if a candidates checks off the box that says “I am not an owner” the candidate cannot be on the board.
On November 1, 2017, the government introduced 15 new forms to the condo industry in Ontario. There are new forms for calling meetings, like a preliminary notice and notice of meeting. There are three forms about the record of owners/mortgagees and receiving notices electronically. There is a single prescribed proxy form. There are three new certificates (PIC, ICU, NOIC) and a notice for distributing them online. Even record requests have been complicated (or simplified depending on your perspective) with the creation of three prescribed forms.