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The Condominium Authority Tribunal, Ontario’s first and only online adjudication body, celebrated its first anniversary on November 1, 2018. Envisioned as a one-stop shop of expert mediators and adjudicators helping condo boards and unit owners resolve condo disputes across Ontario, all entirely online, the CAT began accepting cases in November 2017. CAT’s initial jurisdiction is presently limited to condo records, which isn’t sexy but is important to unit owners struggling to access important records from…
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
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…
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.…
After much anticipation and on the final evening before the first major batch of condo law changes came into force, the Ministry of Government and Consumer Services released its new prescribed forms under the amended Condominium Act, 1998 and Ontario Regulation 48/01. 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
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…
A recent small claims court decision signals the end of condo management firms preparing, registering and discharging condominium liens in-house. Page v. Maple Ridge Community Management Ltd., 2017 CanLII 21772 began when a unit owner at YCC 34 failed to pay a special assessment in time. YCC 34’s management firm, Maple Ridge, used its in-house paralegal employee to issue Ms. Page a Notice of Lien (Form 14) and, when no payment was made within the 10-day…
It is well known that condominiums owe a duty to accommodate persons with disabilities.  It is less clear, however, what constitutes adequate proof of a disability. Ambiguous medical notes containing no meaningful details are often the only documentation given to condo boards and managers, who must decide whether the legal threshold for disability is met. Thankfully, the Ontario Human Rights Commission recently clarified this issue.  On February 1, 2017, it released a new policy
Happy 2017! Here’s our recap of some of the most notable condo law cases from the year gone by. #10 – Cheung v. York Region CC 759, 2016 ONSC 4236 Many condominiums have insufficient parking for occupants and guests, requiring the board to allocate available common element parking spaces in a way that balances various competing interests and respects local zoning bylaws. In this case, the condo corporation enacted a bylaw which leased 4 common…
This year marked the 20th anniversary of the annual ACMO/CCI-Toronto Condominium Conference.  Taking place from November 11-12, 2016, the theme of this year’s conference was “Shaping the Future”. With the regulations under the amended Condo Act expected to be rolled out in the coming year, the condo industry has reached a pivotal juncture in its evolution.  The education sessions offered at the conference focused on fundamental changes that will shape the condo world over…