We’ve been waiting for changes to the Condominium Act, 1998 for years. Five years to be exact. On June 8, 2012, the Ministry of Consumer Services announced that the Government was to launch a “Condo Review Consultation”. On December 3, 2015, Bill 106, Protecting Condominium Owners Act, 2015 received Royal Assent. Since then, we’ve been watching and waiting as the regulations have been drafted.
After much anticipation (and trepidation) the Phase I changes are coming into force. Here are some important dates that you need to be aware of:
November 1, 2017:
• Phase 1 of the amendments to the Condominium Act, 1998, come into force. These changes address:
• Information Certificates (to be issued by condominium corporations)
• Notices from corporations to owners and mortgagees
• Required Disclosure by Directors and Director Candidates
• Mandatory Training for Directors
• New Procedures in relation to Meetings [If you have a meeting scheduled on or after December 10, 2017 see below for requirements that apply.]
• Quorum and Voting
• Voting Requirements for By-laws
• Record-keeping and durations
• Access to records
For more details, click here for Jim Davidson’s article in Condo Contact.
• The licensing provisions of the Condominium Management Services Act, 2015 (“CMSA”) come into force.
• The Condominium Authority Tribunal (CAT) will begin accepting applications. Disputes about records will be the first type of dispute that can be filed with the CAT.
• The Condominium Management Regulatory Authority of Ontario is to be designated as the administrative authority for the CMSA.
November 25, 2017:
• Condo Act Primer hosted by Davidson Houle Allen Condominium Law – Join us as we complete a walk-through of the Phase I Condominium Act amendments, with ample opportunity for questions. For more details, click here.
December 10, 2017
• If you have a meeting of owners scheduled on or after December 10, 2017 (that you did not provide notice of prior to November 1, 2017) you must comply with the new procedures in relation to meetings, including the Preliminary notice requirements and new prescribed forms (expected to be available soon!) for Meeting Notices and proxies.
December 31, 2017
• All Condominium Corporations must be registered with the Condominium Authority of Ontario and fees from September 1, 2017 to March 31, 2018, must be paid. What happens if you don’t register? Review our blog to see.
• This is the final date for a Corporation to provide a Periodic Information Certificate (PIC) if the last day of the first quarter fiscal end or third quarter fiscal end is on November 1, 2017.
• A PIC must be delivered within 60 days of the end of the first and third fiscal quarter. Be sure to review the fiscal end date for your first and third fiscal quarter and set reminders that your PICs are due within 60 days of those dates.
[Note: To see if your condominium qualifies for an exemption from producing information certificates, check out our blog respecting exceptions.]
February 1, 2018
• The remainder of the changes to the Condominium Management Services Act, 2015 come into force.