Proxies and How They May Now be Used for Elections

The recent amendments to the Condominium Act and its regulations resulted in changes to how proxies (for meetings of owners) may be given and the voting authority that may be given to the person appointed as proxy. One question that we’ve considered with respect to these changes is: Absent specific instructions from the proxy-giver, is the person appointed as proxy now permitted to decide how to vote for candidates for election?

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Catch Our Lawyers at the ACMO/CCI-T Condominium Conference in Toronto!

November 10 marks the start of the two day ACMO/CCI-T Condominium Conference, happening at the Toronto Congress Centre.

If you are at the conference, be sure to catch Jim Davidson and Nancy Houle, who will both be speaking at the Conference:

  • Nancy Houle will be a panel member during session 3C, “A Professional Too Expensive?  Try an Amateur!” at 4:00 pm on Friday afternoon
  • Jim Davidson will be a panel member during the Closing Session “Case Law Update” at 1:30 pm on Saturday afternoon
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Tarion – Important Changes are Underway

On October 5, 2017, Ontario’s Minister of Government and Consumer Services (the Honourable Tracy McCharles) introduced the Strengthening Protection for Ontario Consumers Act, 2017.

If passed, this new legislation would bring dramatic changes to the new home warranty process in Ontario, following on the heels of Justice Douglas Cunningham’s comprehensive review of Tarion (the non-profit corporation that currently oversees new home warranties in Ontario).

The notice from the Ministry includes the following:

“The legislation (the Strengthening Protection for Ontario Consumers Act, 2017), if passed, would help strengthen consumer confidence in Ontario’s new home warranty program, promote properly built residential construction, and further enhance consumer protection. Proposed changes would: 

• Provide for two administrative authorities – one to administer the new home warranty program and one to regulate new home builders and vendors;

• Make the dispute resolution process easier for homeowners if they discover a problem in the construction of their new home;

• Strengthen the regulation of new home builders and vendors;

• Give government power to make rules and set standards; and

• Introduce modern oversight measures to improve accountability and transparency.

Should the bill pass, the ministry plans to consult with the public and other stakeholders during the regulation development phase on proposed regulations that would give effect to these legislative changes.”

We wholeheartedly support these proposed changes, which should greatly improve the warranty process for new home owners in Ontario. See our previous blogs respecting Justice Cunningham’s Review. And stay tuned for our further blogs on this topic, as we receive the draft new Regulations.

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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 .

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