Highlights from the 22nd Annual CCI-T Conference

 

purple blue green pink orange and yellow highlighter

Photo by Pixabay on Pexels.com

It was a pleasure for the Robson Carpenter team to see and chat with many familiar faces at the conference this past weekend. The conference was full of fantastic exhibitors and informative sessions on a broad spectrum of issues, challenges, and anticipated changes in the condominium industry. There were so many great speakers, panels, and topics in the various sessions that I often wished I could be in two places at once to listen in on concurrent sessions!

In no particular order, here are some of my favourite moments and takeaways from the conference:

Discussion of Security Issues

I particularly enjoyed the Q&A style insights, advice, and perspectives from the panel in “Palace or Prison: Security Through Environmental Design” with security topics ranging from lighting, mirrors, cameras, and signage, to communication systems for communities. Of note, the panel’s emphasis on unique situations and issues for different types of condominium communities from massive high rises to townhouse complexes was very engaging.

Proxies

It was interesting, if unsurprising, to hear numerous speakers and people I interacted with on the tradeshow floor express ongoing frustration with the length and complexity of the new prescribed form. Clearly this form continues to be a source of frustration for managers, boards, and owners. On the bright side, representatives from the Condominium Authority of Ontario (“CAO”) did highlight they have created an information guide as well annotated sample proxies available on their website (link here https://www.condoauthorityontario.ca/en-US/resources/proxy-overview/ ) to assist owners in understanding how to fill out these forms. Hopefully more refinements to the form are planned by the government in the future.

CAO and CMRAO Statistics

Interesting numbers on the 1st Year of the CAO and Condominium Management Regulatory Authority of Ontario (“CMRAO”) – representatives of the CAO and CMRAO shared some fascinating statistics about their respective 1st anniversary of operation:

  • The CAO’s database estimates there are over 11,000 condominium corporations in Ontario. Of those, 85 % have registered with the CAO and 84% have provided the required returns (transitional and annual)
  • Over 2,800 licensees registered with the CMRAO
  • Over 300 condominium management companies with 3 companies employing over 100 property managers each.

The Condominium Authority Tribunal (“CAT”) which currently has jurisdiction over records disputes under section 55 of the Condominium Act, 1998 (the “Act”) already has 127 active cases. We previously posted about some of the first decisions released by CAT here (link).

Quorum

There were some interesting questions and discussions in one session regarding condominium corporations that have passed by-laws increasing the quorum threshold from the 25% required by the Act for the 1st and 2nd attempts to call an owners meeting. My opinion, and one shared by a few other lawyers I have spoken to, is that the most recent amendments of the Act in subsection 50(1.2) have voided those higher quorums (ex. 33 1/3 %) thresholds in by-laws. Quorum can be no more than 25%. If a corporation wants to increase the threshold from 15% on the 3rd and subsequent attempts to call an owners meeting, the quorum increase is restricted to remaining at 25% by 50(1.2) of the Act.

Exhibitors

On a final note, the exhibitors with booths that had a live-magician, hockey memorabilia collection, and handwriting analyst were captivating and very popular draws for many.

If you weren’t able to attend this year’s conference, don’t forget the Golden Horseshoe chapter of CCI has its annual conference coming up in the spring of 2019. We will have a booth and both Craig and Michelle will be speaking.  Definitely something to look forward to attending as we slip into the winter season!

CAT rules on access to proxies

shutterstock_411552010

The CAT (Condominium Authority Tribunal) has released another important decision on the right of owners to access records. Cangiano v. Metropolitan Toronto Condominium Corporation No. 962 is a dispute over the owner’s right to receive “legible and unaltered” copies of the proxies used at the AGM. The condominium refused to provide unaltered copies because the proxies contained personal information, but offered to provide redacted copies for $27.60. The owner sought an order directing the condominium to provide her with un-redacted copies of the proxies. Continue reading

Common Errors with the Amendments

techThe first phase of amendments to the Act has been in force for almost a month now. We have new forms, a new tribunal, and the CAO. There is a new process for calling and holding meetings. There are new information certificates. The changes span hundreds of pages so, understandably, everyone is still getting the hang of it all. There are even disputes about how certain parts should be interpreted. Here are some of the most common mistakes or misconceptions that we’ve encountered so far: Continue reading

Condo Reform #4 – Governance: Records and Meetings

Condominium communities are small democracies with their own set of unique challenges. Like many democracies, the board of directors is often criticized by the owners for the decisions made, or not made, but are rarely praised for their hard work. Given the wide range of values, interests, and characteristics of condominium inhabitants, it not surprising that governance issues account for a large proportion of the disputes that arise in condominiums.

Given the importance of proper governance to the financial health and stability of condominiums, the working group made several recommendations to improve the governance of condominiums. The recommendations were in five key areas:

  1. Access to Records & Information
  2. Meetings
  3. Directors and Officers
  4. Fines
  5. Owners’ & Directors’ Rights & Responsibilities.

Continue reading

Challenges by owners to the chair, proxies, and voting

Davis v. Peel Condominium Corporation No. 22 [2013] O.J. No. 2594 is a recent decision of the Superior Court of Justice about owners’ meetings, especially voting rights and the role of the chair. It was an application by an owner alleging the chair of the meeting improperly allowed 12 proxies to be used to remove the board of directors. Without the 12 votes, the requisition to remove the directors would have failed.

The Court dismissed the application. Continue reading