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Category Archives: Legislation & Regulation

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Introducing the Condominium Management Services Act, 2015 — Part 7: New Obligations

Posted in Legislation & Regulation
Now that the Standing Committee on Finance and Economic Affairs has concluded its public hearings and shifts to a line-by-line review of Bill 106 (of which Schedule 2 contains the proposed Condominium Management Services Act, 2015), we hasten to finish our review of the proposed CMSA. As reported in a previous instalment, obtaining and holding… Continue Reading

Introducing the Condominium Management Services Act, 2015 — Part 6: Transparency and Accountability

Posted in Legislation & Regulation
Though most condo management firms carry on honourable businesses that well-serve their clients (often under the direct leadership of their top brass who are personally involved in the operations and take ownership of problems), some firms demonstrate little or no commitment to accountability and transparency, whether in their operations or their ownership structure.  The CMSA… Continue Reading

Introducing the Condominium Management Services Act, 2015 — Part 5: Restricted Practice

Posted in Legislation & Regulation
In our last piece, we reviewed the threshold for being granted a license as a condo manager or management services provider.  Let’s now explore whether skirting those requirements is possible. Can someone manage condominiums without a license? Not legally. Section 34 of the CMSA prohibits unlicensed practice as a condo manager, as follows:… Continue Reading

Introducing the Condominium Management Services Act, 2015 — Part 4: Threshold

Posted in Legislation & Regulation
Before continuing our exploration of the CMSA, we thank our friends at the Ministry for pointing out that we had misnamed the CMSA in our earlier pieces as Condominium Management Standards Act when the correct name is Condominium Management Services Act.   We have corrected the title and text of the earlier pieces accordingly. In this… Continue Reading

Introducing the Condominium Management Services Act, 2015 — Part 2: Early Steps

Posted in Legislation & Regulation
In this second instalment of our close examination of the proposed new Condominium Management Standards Services Act, 2015, we look at the steps taken by the condo managers themselves to improve standards, forming the genesis of a true self-regulated profession and paving the way for Bill 106 to take root. Early steps to raise the… Continue Reading

Introducing the Condominium Management Services Act, 2015 — Part 1: Context

Posted in Legislation & Regulation
businessman and his business teamCondo manager licensing and regulation is the focus of our first in-depth examination of the changes proposed in Bill 106 (Protecting Condominium Owners Act, 2015). This is a natural choice considering that manager licensing and regulation constitutes the largest change in our condominium law since 1967, in terms of how condominiums in Ontario are operated,… Continue Reading

Condo law reform bill introduced

Posted in Condominium Act, 1998, Legislation & Regulation
The Province of Ontario has rolled out proposed new legislation to reform the existing Condominium Act, 1998 and establish mandatory licensing and regulation of condo managers. Following a careful review and elaborate public consultation process from 2012 to 2014, the Protecting Condominium Owners Act, 2015 was introduced in the legislature on May 27, 2015 as Bill 106.… Continue Reading

Superior housekeeping at Superior Court

Posted in Legislation & Regulation
spring cleaningThough the weather suggests otherwise, spring has finally sprung in Ontario. As many condo corporations begin their seasonal cleaning and maintenance routines, our courts are likewise gearing up for significant housekeeping. Recent changes to the Rules of Civil Procedure will automatically sweep away pending lawsuits brought in the Ontario Superior Court that are not moved… Continue Reading

Condo lien enforcement hits the highway

Posted in Legislation & Regulation
Source: Ontario Ministry of the Attorney GeneralUntil now, mortgagees could commence their enforcement lawsuits anywhere in Ontario they pleased, regardless of where the mortgaged property is located. That option is now gone. On March 31, 2015, rule 13.1.01 of the Rules of Civil Procedure is amended by adding the following new subrule (3): Mortgage Claims (3) In the case of an originating… Continue Reading

Fraud Alert: Rogue management firm at large in Halton

Posted in Financial Issues, Legislation & Regulation
It is not a lawyer’s usual role to alert the public about possible crimes being perpetrated by suspected criminals at large, but we feel compelled to do so when police and government fail to take action and leave condominium corporations vulnerable to a rogue. Boards of small condominium corporations in Halton Region should check whether… Continue Reading