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.
I feel like all I write about these days is Bill 106 (the amendments to the Act). Today, I’m getting back to my roots and writing about some important decisions released by the courts and tribunals in Ontario in the past few months. The first is about the enforcement of a lien. The second is about an owner who won’t quit. And the third is about a director who felt she was discriminated against because of her age. All of the decisions are available on CanLII if you want to read them in their entirety. Continue reading
I previously wrote about the changes coming to section 46 of the Act related to requisition meetings (https://ontcondolaw.com/2017/03/27/changes-are-coming-requisitions/). To recap, the biggest changes are: 1) a prescribed form for requisitions; 2) a prescribed process for communicating with the requisitionists; 3) a longer period of time to call and hold the meeting; and 4) the elimination of the owners’ right to call the meeting if the condominium refuses to do so.
The changes to section 46 of the Act that address requisition meetings have not yet come into force and a date has not been released. This means section 46 (as it was prior to the amendments) continues to apply while other related changes have been implemented, such as those for calling and holding meetings of the owners. Therein lies the problem. Continue reading
As you likely know, in April of 2017, the federal government introduced legislation to legalize and regulate marijuana in Canada. In September of 2017, Ontario introduced its own legislation to address the regulation of marijuana. In Ontario, the exclusive right to the sale of marijuana has been granted (at least for now) to the LCBO.
The legalization of marijuana is sure to be a popular topic for 2018. It is already discussed in mainstream media, on social media, and around the water cooler. It has been discussed at condo industry conferences and seminars. The discussion most recently focuses on what condominiums can do about the legalization of marijuana. I was asked for my thoughts on the matter recently by GlobalNews. You can read the full article here: https://globalnews.ca/news/3985115/condos-marijuana-rules-smoking-ban/.
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 Act, Real 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.
I received an email from the Ministry of Government and Consumer Services (MGCS) today about some free resources it recently created. The MGCS has released two very useful (and free) guides on the amendments to the Condominium Act, 1998, and the Condominium Management Services Act (CMSA):
In addition to the two plain language guides, the MGCS also released four documents to assist people in dealing with requests to records, both core and non-core.
Our firm had previously prepared flowcharts for our clients, but these ones are definitely nicer looking! That said, it would have been nice if the record flowcharts included the deadline for the requester to reply to the board’s response. The forms indicate that a reply is required, but the more times it is said the more likely people are to remember that they must reply or their request may be deemed to have been abandoned.
To access the above guides and factsheets visit:
So the next phase of amendments is coming on February 1st, 2018. Excited? Overwhelmed with all the changes? Well, there is some good news for any of the overwhelmed directors and owners. Most of the changes this time are for the managers. Sorry to our manager friends out there. Continue reading