To kick off the new year, we’re reviewing the Condo Act in a series we’re calling “Back to Basics”. We’ll cover common topics and issues that often arise in condo living. So, follow along and we hope you’ll gain an appreciation of these foundational concepts.
In Part 1 of this series, we discuss a topic
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 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
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
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
It’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 over 15 years and aims to be the go-to condo resource.
Continue Reading Suggested new year’s resolutions for the new Condo Authority
For ease of reference, here are links to both “fillable” (for completing electronically) and “printable” (for completing by hand) versions of the most relevant forms. The rest can be found on the government’s website, though it’s not easy to identify or find the right form.
The fillable version of the forms have hidden boxes and information that only appear when you select certain options. Therefore, if you intend to print out the forms and complete them by hand, please use the printable version of the forms, which display every hidden item. Be sure to save the file when completing the fillable version of the forms to preserve your changes after closing.
You need Adobe Reader 8 or higher to view the fillable version of the forms. If you are having difficulties viewing the fillable version of the forms, try opening them in Internet Explorer. The Ministry even released an email with instructions on how to view the forms.
Continue Reading Links to new prescribed Condo Act forms
Directors, 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 expertise. Provide advance notice and allow lawyers more time to respond. Budget for increased legal fees to enable your lawyer to properly analyze and respond to the new amendments to the Act, revised Ontario Regulation 48/01 and future regulations as may apply to your condo’s circumstances.
For instance, in addition to the increased number of various legal opinions your Corporation may request, consider asking for our list of 30 Condominium Document Packages. We can also customize any of the following projects to suit your condo:
Continue Reading Bob’s AGM tips
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 received public input at information sessions across the province and thousands of written and online submissions. In addition, the review included a dedicated residents’ panel, five professional working groups on key topics, an expert panel to vet the working group recommendations and various technical teams, all to inform the ministry staff who drafted the legislation. Bill 106 was then introduced in the legislature in May 2015.
Continue Reading Bill 106 becomes law, but changes not yet in force
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