As our readers may know from a previous blog, new regulations regarding Electric Vehicle (“EV”) Charging Stations have come into effect as of May 1st. In addition to the updated Status Certificate forms, the Province also released updated Preliminary Notice of Meeting and Notice of Meeting forms. Continue reading “New Updated Preliminary Notice and Notice of Meeting Forms”
As electric vehicles become more prominent on our roads, demand for charging stations in condominiums will undoubtedly increase. We are now seeing more and more new condominiums with dedicated electric vehicle charging stations. But what about existing condominiums? Continue reading “New Regulations Will Arrive on May 1st Respecting Electric Vehicle Charging Stations in Condominiums”
In a previous blog, we mentioned that regulations under the Green Energy Act (the “Green Act”) will require some condominiums to report on their building’s energy and water consumption starting in 2019. In addition to this, some condominium corporations may also need to review their rules because of section 4 of the same Act.
Under section 4 of the Green Act, designated goods, services, and technologies meant to promote energy conservation will be allowed at condominiums even if a condominium by-law restricts it.
A new regulation under the Green Energy Act will require condominium corporations in buildings that are at least 50,000 square feet and have more than 10 units to report on their energy and water use.
The timelines are as follows:
• For condominium corporations in buildings that are at least 100,000 square feet, the first report is due on July 1, 2019;
• For condominium corporations in buildings that are at least 50,000 square feet, the first report is due on July 1, 2020.
As many of our readers know, the new Condominium Act (the “Act”) amendments that are soon to be in effect will create new requirements and obligations for condominiums and their Boards. What our readers may not know is that the amendments also contain some exceptions to these new requirements and obligations.
In this blog, we provide an overview of a few of these exceptions.
- Notices to be filed with the Condominium Authority
As outlined in an earlier blog, condominium corporations will be obligated to file certain “Returns” and notices with the Condominium Authority, and will in particular be required to notify the Authority of any changes to the membership of the Board. However, a condominium corporation will not be required to file a notice of change where a director is re-elected immediately following a preceding term of office (see section 9.3(2) of the Condominium Act for this exception).
- Information Certificates
Condominium corporations will be required to send out certain information certificates (including periodic information certificates, and new owner information certificate). However, where certain conditions are met, including where 80% of owners have consented in writing to dispensing with the requirement to send such certificates, the condominium corporation may be exempt from this requirement (see section 60(5) of the Condominium Act for this exception).
- Matters to be adjudicated by the Condominium Authority Tribunal
The Condominium Authority Tribunal will adjudicate most matters that it is requested to consider, except disputes involving:
- Title to any real property (units or common areas)
- Occupier’s liability
- Condominium liens
- Prohibited activities described in s. 117 of the act., or
- The constitutionality of any provisions of the Act or Regulations (see generally sections 1.35 – 1.42 of the Condominium Act for these exceptions).
Davidson Houle Allen LLP would like to thank our Articling Student, David Lu, for his contribution in preparing this Blog.
Stay tuned to Condo Law News for other blogs about the amendments to the Condominium Act, and upcoming events.