Condominium Returns

We now have proposed Regulations from the Province, governing the upcoming requirements for condominium corporations to file returns with the new Condominium Authority, and also creating a new publicly-accessible database of information respecting all condominium corporations in the Province.

There will be four new types of returns for condominium corporations:

Initial Return – To be filed after registration of the Declaration and Description (applying only to corporations declared after the new Regulations come into force).

Turnover Return – To be filed after the turnover meeting is held (applying only to corporations that hold a turnover meeting after the new Regulations come into force).

Transitional Return – To be filed by all existing corporations after the new Regulations come into force.

Annual Returns – To be filed annually by all corporations.

The attached chart provides a “snapshot” of the information to be contained in each type of return. Click here to access the detailed Chart of Condominium Returns

Condominium corporations will also be required to file “Notices of Change” – within 30 days – following a change to certain information in the corporation’s returns.

The returns will have to be filed electronically.  However, the Registrar can accept another filing method if the Registrar is satisfied that electronic filing would cause undue hardship to the corporation.

The Registrar will maintain a public database (accessible on line) containing all of the information in the returns and Notices of Change, as well as certain additional information noted in the Regulations.

Persons have until August 22, 2017 to provide feedback to the Province, on the proposed Regulations, if they wish to do so.  To provide comment, go to the Ministry’s webpage respecting these proposed new Regulations.

Proposed Fees for the Condominium Management Regulatory Authority of Ontario

The Province has now proposed licensing fees for condominium managers under the CMSA, and has invited input from the public on those proposed fees.

As we now know, on November 1, 2017 the Condominium Management Regulatory Authority of Ontario (“CMRAO”) will become the designated administrative authority under the Condominium Management Services Act, 2015 (“CMSA”).  The CMRAO will be responsible for licensing managers, and overseeing the regulation of the condominium management industry.

The Province has now confirmed its proposed fee structure for licensing of managers:

Limited License $379.00
Transitional General License $607.00
General License $607.00
Condominium Management Firm License $799.00 base fee PLUS $350 per licensee employed by the firm

Licensing fees will form the primary source of revenue for the CMRAO which will operate as a not for profit corporation.

The Province is currently seeking feedback and input with respect to the above proposed fee structure.  If you wish to provide feedback, you can do so by completing a short survey which is accessible from the CMRAO website (there is currently a link on the main page to “Provide Your Input” on the proposed fees).  Feedback will be collected by the Province from July 11, 2017 to August 10, 2017.

Stay tuned to Condo Law News for more blogs about amendments to the Condominium Act and upcoming events .

Summary of the Proposed Regulations now available: the Condominium Database, and filing Returns

Regulations supporting certain amendments to the Condominium Act, 1998 are being proposed relating to:

  • Condominium Returns which Condominium Corporations are going to have to file with the Registrar (appointed by the CAO); and,
  • the creation of the publicly accessible Database of information about Condominium Corporations in Ontario.

These changes are anticipated to come in to effect in early 2018.

The Summary and proposed Regulation provisions are available here.

Returns

Condominium Corporations may have to file any of the four types of Returns proposed (depending on whether the Condominium Corporation is created before or after the Return provisions are in force), which include:

  • Initial Return
  • Turn-Over Return
  • Transitional Return
  • Annual Return

If the Condominium Corporation was created after the Return provisions come into force, the Condominium Corporation would have to file an Initial Return and Turn-Over Return.

If the Condominium Corporation was created prior to these Regulations being in force it would have to file a Transitional Return.

In addition, each Condominium Corporation will also have to file an Annual Return.

The required content for the Transitional and Annual Returns are similar in content to each other. The information required includes basic identifying information (name of Condominium and type of Condominium, address for service, municipal address) as well as information about the names of directions, number of units, maximum number of votes that could be counted at an owners meeting, management information, fiscal year, whether an administrator or inspector is appointed by the Court, and the date of the last AGM. A Condominium Corporation may choose to provide an email address as well.

Annual Returns must be filed between January 1 and March 31 of the current fiscal year.

Notices of Change are also required to be filed with the Registrar to update various changes to the information in the Returns, within 30 days of the change.

Returns and Notices of Change will be filed electronically other another method prescribed by the Registrar.

Database

The proposed publicly accessible database will be available for non-commercial purposes. It will be accessible on the Internet, will be maintained by the Registrar, and will contain all of the information filed by Condominium Corporations in their respective Returns (except email addresses, if provided) as well as any information about s. 134 orders against the Condominium Corporation that relate to non-compliance with provisions dealing with condominium Returns.

Stay tuned to Condo Law News for more blogs about amendments to the Condominium Act and upcoming events .

CAO and CAT Proposed Fees

We now have the proposed fee (payable by all Ontario condominium owners) for the new Condominium Authority of Ontario (CAO).  We also have proposed user fees in relation to the new Condominium Authority Tribunal (CAT).

Here are the proposed Fees, recently posted on the CAO website (http://www.condoauthorityontario.ca):

Proposed “All Ontario Condominium Owner Fees” to fund the CAO

Monthly Fee Per Voting Unit (or per voter in a common elements condominium) $1 per month / $12 per year

Proposed User Fees respecting the CAT

Filing Fee For access to CAT’s unassisted on-line dispute resolution system $25
Assisted Resolution Fee For assistance from a dedicated mediator $50
Tribunal Decision Fee For a decision from a dedicated adjudicator $125

If you wish, you can offer comment – until July 18, 2017 – on the CAO website.

Stay tuned to Condo Law News for more blogs about amendments to the Condominium Act and upcoming events .