Are you ready? In less than three months the first set of amendments to the Condominium Act, 1998 comes into force. Arguably the biggest change is the creation of the Condominium Authority of Ontario (CAO). I like to think of the CAO as the “Condo Police”.
One of the most contentious sections of the Condominium Act, 1998, is section 46, which is the right of owners to requisition a meeting of owners. Given the number of cases on the requisition right (most of which dealt with improper denials of valid requisitions), it is no wonder section 46 was one of the sections targeted by the government for a significant overhaul. In fact, section 46 will be repealed in its entirety and replaced with a very different process.
The amendments to the Act are designed to reduce disputes regarding the form and content of requisitions. The process is more clearly described and prescribed forms will be required. If a dispute arises, it will be up to the Tribunal to make a decision and if the Tribunal is not established, it will be up to the Superior Court of Justice to make a decision (which is the process used now in most cases).
The following post was researched and written by Daniel Brockenshire, a law student at Sutherland Kelly LLP. Thanks, Daniel!
The third draft regulation, which was released on February 24, 2017, is aimed at regulatory changes to the Condominium Act, 1998 (the Act) and the Condominium Management Services Act (the CMSA). More specifically, the regulation proposes the scope of the Condominium Authority Tribunal and the designation of two new administrative authorities, one for the Act the other for the CMSA. Comments are due by April 10, 2017. Continue reading