Following Stage 1 of Ontario’s Condo Act Review last fall, a findings report was issued in January 2013 by Canada’s Public Policy Forum, the facilitators spearheading the review process. That findings report is available for review. See here for executive summary and here for full report.
Comments on this findings report are being received until March 11, 2013.
The report encompasses comments submitted by the public at large and at five information sessions held by the Minister at locations across Ontario, and includes findings of the 36-member citizen panel and four full-day stakeholder round-table sessions.
The report is well-written, thoughtful and demonstrates a deep understanding of a broad array of issues and problems that need to be looked at further and solved. Reading the full report is worthwhile, even if only to see that the single or small few problems faced by any single group are a mere drop in the bucket relative to the large number of issues affecting the various stakeholders in the condo community. The Condo Act is complex legislation that affects a lot of people and parties in very different ways. Legislation of this magnitude deserves the type of comprehensive public review process now underway.
You can send your comments or suggestions directly to ONCONDO or use the handy Discussion Guide the PPF has prepared to help you organize your thoughts to comment meaningfully on the report. To help encourage you to participate, we reproduce the text of the salient part of the Discussion Guide below (while encouraging you to review the full guide):
Issues and Questions to Discuss
Everyone participating in the discussion is encouraged to read through the Report or the executive summary.
1. Governance
Each condominium is a corporation that is governed by a board of directors. The Condominium Act sets out general rules for all boards, and within those rules each board operates somewhat differently.
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Does the Report address issues you may have experienced in how your condominium is governed? If not, what additional issues should be considered?
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What do you think of the proposed solutions?
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What additional suggestions or comments do you have related to improving how condominiums are governed?
2. Dispute Resolution
In Ontario, disputes around condominiums are generally resolved informally. When this is not possible, mediation and then binding arbitration by an independent third-party are used. Sometimes an arbitration decision can be appealed to the court.
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Does the report address issues you may have experienced in resolving condominium disputes? If not, what additional issues should be considered?
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What do you think of the proposed solutions?
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What additional suggestions or comments do you have related to improving how condominium disputes are resolved?
3. Financial Management
Condominium owners pay a monthly common expense fee to cover shared operating expenses and repairs. Part of this fee goes to the condominium’s reserve fund, which is saved for major repairs and replacement of common elements. Reserve fund studies are completed by qualified professionals, who recommend and prioritize changes to the board.
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Does the report address issues you may have experienced in how your condominium’s finances and reserve fund are managed? If not, what additional issues should be considered?
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What do you think of the proposed solutions?
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What additional suggestions or comments do you have related to improving financial management or management of a condominium’s reserve fund?
4. Consumer Protection
Buying a condominium can be complicated. Protections for buyers of new condominiums under the current Act include a 10-day “cooling off’ period and requiring deposits and money paid to the developer to be held in trust. Protections for resale buyers include a detailed status certificate so buyers know the unit and building’s history and financial condition. These protections are aimed at making the purchase of a condominium easier and more transparent.
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Does the report address issues you may have experienced in purchasing your condominium? If not, what additional issues should be considered? (Please specify whether you purchased new or resale).
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What do you think of the proposed solutions?
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What additional suggestions or comments do you have related to improving the purchasing process?
5. Condo Manager Qualifications
Condominiums are very diverse – some can be relatively small and simple to manage, while others are larger and more complex. At the same time, some boards manage their condominiums directly, some hire outside managers. All condominium managers need certain general skills, while other skills only apply to certain condominiums.
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Does the Report address issues you may have experienced in how your condominium is managed? If not, what additional issues should be considered?
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What do you think of the proposed solutions?
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What additional suggestions or comments do you have related to improving how condominiums are managed?
6. Other Issues
You may have additional issues or concerns that have not been addressed in the Report. You can raise those concerns here along with potential solutions.
The full Discussion Guide contains useful background info and further details for preparing and submitting your comments. Check it out.
Are your issues and concerns covered in the report, or included in the six major categories the review has identified thus far? Have you got horror stories to share or little pet peeves about the Condo Act you’d like to see addressed? Send your comments soon (by March 11) and stay tuned for news about Stage 2 of the ONCONDO review, slated to launch on March 21, 2013.