Update: New Dates for Condo Act

timeYou’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.

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Changes are Coming – More Paperwork

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This post is geared towards the managers and self-managed boards out there. As you have probably heard by now, the amendments to the Act have been described as providing greater protection to owners. Only time will tell, but one thing that is clear: there will be a lot more paperwork!

Condominiums will be responsible for filing the following with the Registrar:

  1. Returns – initial return after registration; turn-over return; annual return; and other returns as may be prescribed.
  2. Notices of Change – in addition to filing notices of change of address, condominiums must also file notices of every change in directors.

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Changes are Coming – Changes by Condo

change.jpgAs 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.

What’s changing?

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

Changes are Coming – Chargebacks

chargeback.jpgLast Friday I participated in the ACMO Burlington conference as a speaker on the legal panel. One of the topics that I briefly spoke about was chargebacks and liens. I spoke about the changes coming to the lien and chargeback processes in the Condominium Act, 1998 (the “Act”). Today I’m going to summarize my presentation for those who were not able to attend the conference.  Continue reading

Do you need a section 98 agreement?

changesIn 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

Draft Regs re Licensing Released

stencil-default-5Unless you’ve been on vacation for the past week or so, you probably know that the Ontario government released the first draft regulation made under the Condominium Management Services Act (CMSA). The draft regulation focuses on the licensing of managers, which the Ontario government has suggested is one of its top priorities. The Act and regulations are not yet in force, but those in the know indicate that they will be phased in over the next few years.

The Ontario government released the regulations in draft format to give stakeholders an opportunity for input before the regulations are finalized. The goal is to have the final version in force on July 1, 2017. In addition, other regulations are expected to be released early this year. To review the regulations and provide feedback visit the Ontario government website: http://www.ontariocanada.com/registry/view.do?postingId=23342&language=en  Continue reading

My Favourite Condo Lessons of 2016

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As 2017 approaches I find myself reflecting on the most important news, cases, and other events from this past year. Here are my favourite condo lessons for 2016:

10. Property Managers may be liable for errors in status certificates. The responsibility for the status certificate is normally set out in the management agreement so make sure that you are familiar with any limitations of liability and any obligations on the board to disclose information relevant to the status certificate. You can read the most recent case here and the costs award here.

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