Like I did last year, I thought that I would again share the five most popular posts of 2017. With so much talk this year about marijuana, prostitution, electric vehicles, and other hot topics, I assumed that those topics would dominate the list, but that was not the case. Interestingly, three of the top five posts were also on the list for 2016 (albeit in different positions). Will the trend continue next year? Only time will tell. Continue reading
Another interesting change coming is the replacement of the owner-occupied position on the board with the reserved position for owners of non-leased voting units. The term non-leased voting unit doesn’t seem much clearer than owner-occupied position, but maybe the change will reduce confusion about who is eligible to vote for the position (as opposed to who can be a candidate for the position). Continue reading
There is just over a month to go until the amendments to the Condominium Act, 1998, come into force (unless the implementation is delayed again). The industry is abuzz about the amount of work the amendments are going to create with all of the returns, notices of change, certificates, disclosure obligations, etc. So you might be asking “Why would anyone want to create more work for themselves and amalgamate now?”
Some of the changes to the Condominium Act, 1998, have received a lot of attention over the past year, like the new requirements for holding meetings or the information certificates that condominiums will be required to send to their owners. These are important changes for sure, but there are some interesting changes that people aren’t really talking about. 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.
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:
- Returns – initial return after registration; turn-over return; annual return; and other returns as may be prescribed.
- Notices of Change – in addition to filing notices of change of address, condominiums must also file notices of every change in directors.
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
Last 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
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
Unless 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