Being a relative newcomer, the Condominium Authority Tribunal (CAT) has had a limited scope of jurisdiction since beginning its operations in November of 2017. As of January 1st, 2022 the CAT will have jurisdiction to hear a wider array of disputes related to nuisance with the new changes to section 117(2) of the Condominium Act.
First, amendments to O. Reg. 48/01 sets out a list of prescribed nuisances, annoyances, or disruptions for the purposes of the new clause 117(2)(b) of the Condominium Act, as discussed below. This list will allow the CAT to hear cases on the following if they are unreasonable: Odour; Smoke; Vapour; Light; and Vibration.
Second, it will also allow for the CAT’s jurisdiction on provisions in a condo’s governing documents to prohibit, restrict, or otherwise govern, the activities described in subsection 117(2) of the Condo Act or in O. Reg. 48/01, for any other type of nuisance, annoyance, or disruption to individuals in a condo corporation.
Lastly, it will allow for the CAT to hear matters related to the indemnification of the corporation and owners in these sorts of disputes.
With this widening of jurisdiction for the CAT comes changes to section 117 which deal with potentially dangerous conditions and activities within the units or the common elements of a condo, as well as trying to tackle these issues of nuisance. The changes to 117 set out the prohibitions against:
causing, through an act or omission, conditions or activities in the condominium units, common elements or assets that are likely to damage the property or the assets or cause an injury or an illness to an individual;
carrying on or permitting activities in the units, common elements, or assets if the activity(ies) results in the creation or the continuation of; (a) any unreasonable noise that is a nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets or; (b) any other prescribed nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets.
As you may recall, on November 1, 2017, parts of the Protecting Condominium Owners Act, 2015 (“PCOA”), came into force. The PCOA amended the Condominium Act, 1998, and other legislation to protect owners and provide them with more information about their condominiums. Original estimates suggested that the remaining amendments from the PCOA would be rolled out in phases with the first phase as early as the Spring of 2018 and all amendments within a year or two. This did not happen. Most of the PCOA still has not come into force. Continue reading →
As you may know, the Ontario government delegated authority for some of the prescribed forms to the CAO. This change came into effect on January 1, 2020. That’s not all the Ontario government has in mind for future amendments! Continue reading →
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 →