In a recent entry, we mentioned that the responsible minister did not attend the recent CCI Golden Horseshoe condominium conference and did not send a delegate in his place.
Minister Gerretsen has responded to that point with a letter to clarify the issue. His letter can be viewed here.
Here’s my picks for the best condo-related stuff from the Twitterverse, guaranteed to help pass a weekend filled with lousy weather, traffic snarlups, subway detours and downtown marathons.
COURT / TRIBUNAL DECISIONS
ONSC: Condo developer breached elaborate terms of a Tarion settlement, engineer appointed to set scope of repair work – http://bit.ly/hWbge9
HRTO: Condo super’s claim of being fired for disability dismissed since same issue rejected in earlier ruling by OLRB – http://bit.ly/iPvy9e
ABQB: Lawyer with iffy retainer signed by developer-controlled condo bd lacks authority to act or to sue for fees – http://bit.ly/lsRlVq
ONSC extends administrator’s mandate for 12 months at YCC 506, a condo "in extremis" – http://bit.ly/lW4cQY
HRTO dismisses human rights complaint of married woman offended by condo board addressing her as "Miss." http://bit.ly/mvJMyV
ONSC orders referendum on whether notoriously troubled Toronto condo will emerge from court administration. http://bit.ly/lWu7gr
HRTO: Condo pool rules fixing kids swim hours and banning diapered babies struck down as discriminatory. $10K fine. http://bit.ly/iwCUwE
ONSC: Unit owners’ failure to pay condo common expenses leads to mortgage default; bank may exercise power of sale. http://bit.ly/ghHf0v
ONSC denies owners’ bid to discharge condo administrator but sets a process and future hearing for owners’ input. http://bit.ly/ibEg3W
OLRB welcomes Peel Condominium Corp. No. 57 to the [insert adjective here] world of unionized superintendents. http://bit.ly/h0QWU7
May 5, 2011 marks the 10th anniversary of Ontario’s Condominium Act, 1998 coming into force.
While the Act received Royal Assent in December 1998 (hence the Act’s name), the government of the day felt that a short transition period (of 2 years, 4 months and 17 days!) was needed to ease everyone into the new regime. To be fair, the 1998 Act was a near-complete overhaul of the prior version which existed in substantially the same form since 1979. The 1979 version was the first revision since the proclamation of Ontario’s original Condo Act in 1967. The 1998 Act, then, was only the second major revision in 30 years of condominium law in this province.
By royal proclamation dated April 13, 2011, the Ontario Government announced that the Public Inquiries Act, 2009 will come into force on June 1, 2011. This act was one of the many hundreds of relatively minor legislative initiatives rolled into the behemoth omnibus bill known as the Good Government Act, 2009, parts of which have been coming into force since January 2010.
With the coming into force of the Public Inquiries Act, 2009, more than 50 Ontario statues will be slightly amended to make reference to this new act and delete references to the old act. Among those affected statutes is the Condominium Act, 1998, where amendments in relation to the powers of an inspector in section 130 will come into force on June 1 this year. We reported on these specific changes to the Condo Act in an entry dated December 21, 2009 under the heading “Powers of an Inspector.”
Continue Reading Condo Act amendment on inspectors coming into force soon
I attended the recent annual general meeting of the Association of Condominium Managers of Ontario (“ACMO”). While those meetings are normally attended exclusively by condominium managers, the board invited me to assist them with any legal or procedural matters that might arise. While nothing exciting developed that required legal intervention, the meeting was very well attended and the election to fill vacancies on the ACMO board was especially noteworthy.
A bill now under consideration by the Ontario Legislature suggests that the concept of condominium managers becoming a self-regulated profession is not far-fetched. It may also signal that the time has come for condominium managers to step up their campaign for self-regulation.
Under Bill 138, the Registered Human Resources Professionals Act, 2010, the Human Resources Professionals Association of Ontario (“the Association”) would be established as the regulatory body charged with overseeing the human resources profession.
Continue Reading Self-regulation for HR professionals: A model for condo managers?
Here’s a great opportunity for Toronto-area condo directors to network with directors from other condos to share ideas and strategies and to spend quality time with some of Toronto’s best condo lawyers, including GMA’s Chris Jaglowitz.
This event is hosted by the Toronto Chapter of the Canadian Condominium Institute.
Details:
Back by popular demand, is another CCI Networking Dinner for Condo Board members – but with a twist! At each dinner table, board members will be joined by a condo lawyer – and throughout the evening the lawyers will switch tables, so attendees will be able to speak with a variety of the top condo lawyers in Toronto.
Bring your questions and be prepared for an evening filled with interesting and lively discussions. We will end the evening with a wrap up and summary of some of the most interesting and relevant conversations.
WHEN: Wednesday March 30, 2011
TIME: 6:30 to 9:30 p.m.
WHERE: Novotel North York Hotel
3 Park Home Avenue, Toronto, M2N 6L3
The date is fast approaching and space is limited. For details and online registration visit CCI-Toronto or see the PDF flyer for complete details and lawyer lineup.
If your condo isn’t already a member of Canadian Condominium Institute, read up on the benefits of membership and join today.
Given that the Ontario government predicts an astonishing 46% increase in electricity rates over the next five years, with the first spike having been approved just this week, some might question the wisdom of legislating an arbitrary 10% rebate on electricity rates for the next 5 years. Some people might call that rebate a shameless vote-buying device. Some might call it penance for imposing HST on electricity rates. Some might call it looking at the world through rose-coloured glasses.
No matter how you view the Ontario Clean Energy Benefit, we’re interested to see whether it will provide any financial benefit to condominium corporations and their unit owners, or whether this is another case of condominium folks being left in the dark. We hope it’s the former.
Please answer our poll and tell us what you think.
The winter edition of our quarterly newsletter is now available online.
Special features in this edition include:
The printed version of this publication has the handy added feature of combustion, which might help keep readers warm during this cold spell. Our lawyers ask us to remind you to please be sure to drop the hardcopy shortly after lighting.
Luckily, it won’t be long now until spring according to the customary gang of revered varmints across Canada. Stay warm in the meantime!
Here’s a special update from Bob Gardiner on a significant ruling that should be carefully considered by any condo corporation that owns any common amenities in the form of units, whether superintendents suites, parking units or other facilities. Affected condos should get legal advice about filing a Request for Reconsideration with MPAC by the deadline of March 31, 2011.
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In a recent decision, the Assessment Review Board (“ARB”) reduced an assessment by the Municipal Property Assessment Corporation (“MPAC”) of a condominium recreation centre from $1,740,000 to $1. The case will likely have far-reaching implications for many condominium corporations’ unit owners who have suffered double taxation with respect to their corporation-owned guest, superintendent, recreation, gatehouse and other types of units.