On July 7, 2017, another proposed regulation was released for comment. The regulation addresses the returns and notices of change to be filed by condos and the public database to be created by the registrar created by the Condominium Authority of Ontario (CAO). Any person can provide comments on the proposed regulation online or by mail by August 22, 2017. The draft regulation and a plain language version are available online at http://www.ontariocanada.com/registry/view.do?postingId=24490&language=en. Continue reading
You’ve probably heard by now that the dates have changed for implementing changes to the Condominium Act, 1998 (“Condo Act”), and various other pieces of legislation under the Protecting Condominium Owners Act, 2015 (also known as “Bill 106”). The start date was planned to be July 1, 2017 for some of the changes, but the Ontario government recently announced that the date has been pushed into the fall. Not surprisingly, the administrative authorities will be designated first with the implementation of most of the other changes coming in afterward. The new timeline is described below in more detail.
Unless you’ve been living under a rock, you’ve heard that the government has created significant changes to the condominium landscape in Ontario. One of the biggest changes is that property managers will require licences to provide condominium management services in Ontario. The regulation of property managers is designed to weed out the bad apples, which have received most of the publicity in recent years. It is rare for an article to be published that praises the hard work and dedication most managers show to their clients.
Today’s post will provide an introduction to the key changes to the condominium management industry in Ontario.
Big changes are coming to the voting procedures for owners’ meetings. I’ve previously written about the changes for notices and pre-notices, but you’ll also need to familiarize yourself with the new requirements for voting at owners’ meetings.
One of the most contentious sections of the Condominium Act, 1998, is section 46, which is the right of owners to requisition a meeting of owners. Given the number of cases on the requisition right (most of which dealt with improper denials of valid requisitions), it is no wonder section 46 was one of the sections targeted by the government for a significant overhaul. In fact, section 46 will be repealed in its entirety and replaced with a very different process.
The amendments to the Act are designed to reduce disputes regarding the form and content of requisitions. The process is more clearly described and prescribed forms will be required. If a dispute arises, it will be up to the Tribunal to make a decision and if the Tribunal is not established, it will be up to the Superior Court of Justice to make a decision (which is the process used now in most cases).
The following post was researched and written by Daniel Brockenshire, a law student at Sutherland Kelly LLP. Thanks, Daniel!
The third draft regulation, which was released on February 24, 2017, is aimed at regulatory changes to the Condominium Act, 1998 (the Act) and the Condominium Management Services Act (the CMSA). More specifically, the regulation proposes the scope of the Condominium Authority Tribunal and the designation of two new administrative authorities, one for the Act the other for the CMSA. Comments are due by April 10, 2017. Continue reading
The draft regulations also address another issue that causes a lot of disputes in condominiums – record requests. It also sets out requirements for how long records must be retained and the permitted methods of retention. These changes are scheduled to come into force in the fall of 2017. Continue reading