By Chris Jaglowitz on Posted in Condominium Act, 1998There’s no sugar-coating it. The new prescribed forms under the amended Condo Act regulations are generally terrible. After spending more than 95 days working with these new forms and counselling and consoling condo owners, directors, managers across Ontario, we present this compilation of observations and suggestions. They are mostly critical but intended to be constructive.… Continue Reading
By Chris Jaglowitz on Posted in Condominium Act, 1998It’s customary in late December to ponder resolutions for the coming year, especially for the young and idealistic. We’re neither, but we offer the following 7 suggested resolutions for the new Condominium Authority of Ontario. CAO launched only four months ago as the tip of the first big batch of major condo law regulatory changes in… Continue Reading
By Alex Young on Posted in Condominium Act, 1998After much anticipation and on the final evening before the first major batch of condo law changes came into force, the Ministry of Government and Consumer Services released its new prescribed forms under the amended Condominium Act, 1998 and Ontario Regulation 48/01. For ease of reference, here are links to both “fillable” (for completing electronically) and “printable”… Continue Reading
By Bob Gardiner on Posted in Condominium Act, 1998,GovernanceDirectors, managers and condo lawyers will spend at least the next year struggling through intricate implications arising with respect to the major amendments to the Condominium Act, 1998 (“the Act”) and its many new regulatory provisions flowing from the Protecting Condominium Owners Act, 2015. Managers have the obligation to refrain from rendering professional advice beyond their… Continue Reading
By Chris Jaglowitz on Posted in Case Studies,Financial Issues,Legislation & RegulationA recent small claims court decision signals the end of condo management firms preparing, registering and discharging condominium liens in-house. Page v. Maple Ridge Community Management Ltd., 2017 CanLII 21772 began when a unit owner at YCC 34 failed to pay a special assessment in time. YCC 34’s management firm, Maple Ridge, used its in-house paralegal employee… Continue Reading
By Chris Jaglowitz on Posted in Legislation & RegulationWith the change of season, our focus switches from sunshine and leisure back to the serious business of law reform. There are plenty of different items presently open for consideration. Here are the most noteworthy for condominium stakeholders. Ontario New Home Warranties Plan Act (Tarion) In November 2015, the Ontario Ministry of Government and Consumer… Continue Reading
By Alex Young on Posted in Legislation & RegulationThe Ontario government recently introduced Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015. This bill follows the government’s March 2015 action plan to reduce sexual violence and harassment. Bill 132 is an omnibus bill that, if passed, amends six Ontario statutes with respect to sexual violence,… Continue Reading
By Chris Jaglowitz on Posted in Condominium Act, 1998On December 3, 2015, the Protecting Condominium Owners Act, 2015 (known as Bill 106) received Royal Assent after being passed by the Ontario legislature. This momentous occasion comes 3 years, 5 months and 25 days after the Ontario Government announced its plan to review the Condominium Act, 1998. That review process spanned 18 months and… Continue Reading
By Chris Jaglowitz on Posted in Legislation & RegulationNow 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
By Chris Jaglowitz on Posted in Legislation & RegulationThough 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
By Chris Jaglowitz on Posted in Legislation & RegulationIn 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
By Chris Jaglowitz on Posted in Legislation & RegulationBefore 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
By Chris Jaglowitz on Posted in Legislation & RegulationHaving set the historical context in part 1 and part 2 of this series, we turn to Bill 106 and the scope of the proposed new CMSA. What Bill 106 brings Bill 106 (the Protecting Condominium Owners Act, 2015) was introduced in the Ontario legislature on May 27, 2015. Schedule 2 of Bill 106 contains… Continue Reading
By Chris Jaglowitz on Posted in Legislation & RegulationIn 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
By Chris Jaglowitz on Posted in Legislation & RegulationCondo 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
By Bob Gardiner and Chris Jaglowitz on Posted in Condominium Act, 1998,Legislation & RegulationThe 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
By Chris Jaglowitz on Posted in Legislation & RegulationThough 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
By Chris Jaglowitz on Posted in Legislation & RegulationUntil 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
By Chris Jaglowitz on Posted in Financial Issues,Legislation & RegulationIt 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
By Chris Jaglowitz on Posted in Condominium Act, 1998With the release of the Solutions Report on September 24, 2013, stage 2 of Ontario's Condo Act Review came to an end. Read that report and submit your comments by November 8, 2013 to help inform the Government in devising their action plan.… Continue Reading
By Chris Jaglowitz on Posted in Condominium Act, 1998When the Ministry of Consumer Services announced that condo manager qualifications was the one concept that found unanimous support in the government's Condo Act Review process, the news was big. And long overdue.… Continue Reading
On December 3, 2015, the Protecting Condominium Owners Act, 2015 (known as Bill 106) received Royal Assent after being passed by the Ontario legislature. This momentous occasion comes 3 years, 5 months and 25 days after the Ontario Government announced its plan to review the Condominium Act, 1998. That review process spanned 18 months and… Continue Reading
Condo 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
Though 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
Until 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
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