With 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 Services commenced an independent review of the Ontario New Home Warranties Plan Act and Tarion Warranty Corporation.  Justice Douglas Cunningham was appointed special advisor to review protections for owners of new homes and identify opportunities to improve consumer protection.

Justice Cunningham issued an interim progress report in late July.  Read the report and send your input on the findings and proposed options presented by October 14, 2016, which will help inform the final recommendations.

It’s noteworthy that Justice Cunningham observes that “condominiums are distinct from other new homes” and that there is consequently a “need for more condominium-specific provisions in the legislation.”  Beyond that, the report is vague on these concepts, but remember that changes to the Tarion Act are mandated as part of the amended Condominium Act.
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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.
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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

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 they have been victimized by potential rogue condo management firm operating in Burlington and surrounding area.

No police charges have been laid and no convictions have been entered, so we cannot name suspects without fear of defamation lawsuits, but we offer this warning as a public service to help condo boards protect themselves against fraud and to take effective steps to recover losses if they have been victimized.


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