The latest issue of our newsletter reports on changes to the OHSA dealing with washroom access for workers and a CAT decision about a wooden barrier.
Enjoy the summer!
Andrea
Condo business as usual with electronic signatures
Electronic signatures are the new normal in most corporate transactions. With physical distancing, gathering restrictions and many working remotely, electronic signatures make it easy for business to continue as usual, including at condominiums.
Meeting minutes, status certificates, proxies and requisitions, etc. may all be signed electronically.
But what is an electronic signature and when is it valid?
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Construction Act impact on condo projects
On October 1, 2019, the prompt payment and adjudication regime of the Construction Act (the “Act”) came into force to improve payment and cashflow to contractors on construction projects. The changes apply to any contract between a contractor and property owner for the supply of services or materials for any alteration, addition or capital repair to the land (among other work). Any condo who is party to such a contract is subject to the “28-7-7-7” prompt payment clock and adjudication regime.
The changes also amended traditional construction lien legislation, including the deadlines to preserve and perfect a lien and holdback releases.
This is Part I of our two-part series, where we explore how these changes impact construction contracts, specifically the CCDC 2 Stipulated Price Contract, and projects at condos now that we have had about 1.5 years (and a pandemic!) to reflect on it.
Snow/ice injury limitation period now in force
The 60-day limitation period on giving notice of snow/ice injury referred to in s. 6 of the Occupiers’ Liability Act has now come into force, as of January 29, 2021.
The notice of such an injury must include the date, time and location of the occurrence and it must be personally served or sent
New snow/ice injury limitation
A brand-new Occupiers Liability Act provision requires Notice to be given by a person injured by ice or snow on privately-owned property, within 60 days after the date of injury.
That Snow/Ice Injury Notice must describe in writing the location, date, time and circumstances giving rise to the injury. The Notice must either be sent
Considerations on the proposed “Condo Guide”
As we blogged on July 14, 2020 – The Ministry of Government and Consumer Services intends to proclaim a “Condominium Guide” into force effective December 1, 2020. Submissions from the public on the proposed contents are due August 14, 2020.
We made brief submissions on further potential headings for the Condo Guide table of contents. These include status certificate and pre-construction condo purchase topics, first year deficiency and funding issues, conversion condominiums, and touch on the requirements for condo insurance, owner insurance and an explanation of standard unit vs. improvement coverage
In our view, the suggested contents are comprehensive and hopefully the plain-language content will be too!
In making our short notes, we had longer thoughts. Here are some items we hope get fleshed out in the Condo Guide content:
Continue Reading Considerations on the proposed “Condo Guide”
Ministry seeks feedback on “Condo Guide”
The Ministry of Government and Consumer Services intends to proclaim a “condominium guide” into force effective December 1, 2020 and it’s looking for input!
“The ministry will be providing the CAO with a table of contents for the condo guide that outlines some core tenets of buying and living in a condo. The proposed
Flame-shifting – Extinguishing Fire Code Violations
The City of Toronto recently hired over 300 new fire inspectors, pledging to inspect every high-rise building in the city
at least once a year. The Fire Code adopts a broad definition of “owner”, and, as a result, the city may lay Fire Code charges against unit owners, condo corporations, property managers, management firms and directors for the same infraction. However, there are a few precautionary steps condos can take to minimize exposure to a pesky Inspection Order or Notice of Violation.
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Delegation of Condo Act forms may bring improvement soon
At long last, there’s a glimmer of hope that the terrible new Condo Act forms introduced in 2017 may soon be improved.
On September 20, 2019, the Ministry of Government and Consumer Services announced a proposal to entrust the fledgling Condominium Authority of Ontario with administering (and revising) certain Condo Act forms.
Of the 19 forms proposed to be delegated to CAO, 15 are new forms introduced in November 2017. The other 4 are older forms including the all-important status certificate, the notice of future funding of the reserve fund (formerly known as “Form 15”) and the often-ignored summary of lease or renewal under Condo Act, s.83. If the proposal is approved, these latter 2 forms would come under CAO control in July 2020 while the other 17 forms would switch over in January 2020. This short timetable leaves just enough time to make the necessary regulatory changes.
The window for making submissions on this proposal is a very short 10 days, expiring September 30. Make your comments by email from the regulatory registry website.
Continue Reading Delegation of Condo Act forms may bring improvement soon
The New Standard Form of Lease and Condo-specific Additional Terms
New Standard Form of Lease
Effective April 30, 2018, landlords of private residential rental units, including condominium units, are required to use a new mandatory form of residential tenancy agreement for all new tenancies (the “Form”). You can download a copy of the Form on the government’s website: http://www.forms.ssb.gov.on.ca
Continue Reading The New Standard Form of Lease and Condo-specific Additional Terms