Legislation & Regulation

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?


Continue Reading Condo business as usual with electronic signatures

OOctober 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 projectsThe 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 


Continue Reading Construction Act impact on condo projects  

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

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” 

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.

 
Continue Reading Flame-shifting – Extinguishing Fire Code Violations

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

New Standard Form of LeaseImage result for standard lease form

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

There’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. More ideas will likely flow from an ACMO educational luncheon next week entitled “Condo ConFORMity – coping with the new prescribed forms” featuring GMA associate Andrea Lusk and condo managers Babak Ardalan and Jason Riddle. This may be the condo manager educational event of the year. A cash bar is available but expected to be very busy with commiserating condo managers and lawyers.


Continue Reading Freaking awful