I have heard of situations where a condominium wants to avoid a requirement of the Act for one reason or another. Often the desire is to avoid the costs associated with the requirement. Other times the desire appears to be to reduce the number of administrative tasks. Whatever the reason, Section 176 of the Condominium Act, 1998, clearly states that the Act “applies despite any agreement to the contrary”. This means you cannot contract out of the Act.
Notwithstanding Section 176 of the Act, there are parts of the Act that a condominium can override by making changes to its declaration, by-laws or rules. There are also parts of the Act that a condominium can opt-out of if certain requirements are met. Continue reading
The amendments to the Condominium Act, 1998, will result in much more frequent communications to the owners with valuable information about the condominium. One new source of information is the information certificates: the periodic information certificate (PIC); the information certificate update (ICU); and the new owner information certificate (NOIC). The new certificates became a requirement as of November 1, 2017. Continue reading
The moment we have all been waiting for is almost here! The first phase of amendments to the Condominium Act, 1998, come into force on November 1, 2017. For weeks we have all been speculating as to whether the implementation date would be delayed again or not. The main reason? We didn’t have the forms yet. Well, guess what? On Tuesday afternoon the forms were released!! Continue reading