Real Estate

Reforms to condo regulations now a reality

By AdvocateDaily.com Staff

After months of review and comment, the licensing of condominium managers and a number of other reforms to the Condominium Act, 1998 came into effect on Nov. 1, Toronto condominium lawyer Armand Conant writes in the Fall 2017 issue of Condo Voice.

As Conant, partner with Shibley Righton LLP, explains, the Canadian Condominium Institute (CCI) Toronto and area chapter’s legislative committee was active in reviewing draft regulations relating to the licensing of condo managers and the first phase of reforms as set out in the Protecting Condominium Owners Act, 2015, Bill 106 — earlier this year, as well as attending meetings and providing suggestions to the government.

The key changes, says Conant, who chairs the CCI (Toronto) legislative committee, include the significant reform to governance of condo corporations, the commencement of the Condominium Authority Tribunal (part of the Condominium Authority of Ontario that opened on Sept. 1), and that licensing of condominium managers will now formally commence.

“At the same time, the government will formally designate the Condominium Management Regulatory Authority of Ontario (CMRAO) as an administrative authority to deal with the licensing of managers, and it has opened its doors,” he writes.

The Condominium Authority of Ontario (CAO) was also formally designated as an administrative authority on Sept. 1 and has launched for initial services, with the types and breadth of services set to evolve over time, says Conant.

Mandatory training of directors who are elected, re-elected or appointed after Nov. 1 has also started, as has the Condominium Authority Tribunal (CAT), which Conant says is the largest part of the CAO. At the outset, the tribunal will only deal with disputes related to corporate records and access, but over time, the government will increase the issues it can deal with and it will be the exclusive forum for many of the most common disputes in condominiums.

In addition, Conant writes, “the assessment fee to fund the CAO has been set at $1 per month per voting or primary condominium unit (excludes parking and locker units). The fee will be invoiced to the condo corporation and paid as part of the common expenses.”

The first invoice is in the process of being sent out and covers the period from Sept. 1 to March 31. It is payable by Dec. 31 of this year, he adds.

“CCI and its legislative committee strongly recommend every corporation to start budgeting for this fee/assessment, if you haven’t done so already," says Conant.

"Significant positive changes to the condo industry have started," he says, "with many more reforms to come over the next months or year."

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