According to Section 115(5) of the Condominium Act, condominium investments must either be:
- issued or guaranteed by the government of Canada, or the government of any province of Canada; or
- issued by an institution located in Ontario insured by the Canada Deposit Insurance Corporation (CDIC) or the Deposit Insurance Corporation of Ontario (DICO).
Continue reading “Restrictions on Condominium Bank Accounts? Here’s Our Take”
Provisions that restrict the use and occupancy of the common elements, units, or assets of a condominium corporation can, generally speaking, be contained either in the declaration or in a rule. So, the questions that arise are: When is a rule sufficient? And when is an amendment to the declaration necessary? Continue reading “Declaration vs Rules”
Ontario’s new home warranty program – Tarion – is governed by the Ontario New Home Warranties Plan Act and certain Regulations (the “Warranty Act”). Under the Warranty Act, a warranty claimant with an unresolved claim must request conciliation (with Tarion) within a specified time limit. If the claimant does not do so, the claimant is “deemed to have withdrawn its claim.”
So, if a claimant hopes to continue its claim under the Warranty Act process, it is exceptionally important not to miss the “conciliation request deadline.” Continue reading “Tarion and the Dangers of the Conciliation Deadline”
The amended Condominium Act, 1998 allows condominium corporations to pass a by-law authorizing owners to attend meetings electronically and/or vote electronically. But what exactly does this permit? For instance, can the by-law allow owners to vote at any time (not necessarily during the holding of the meeting)? And can the voting be done without using a proxy? Continue reading “Electronic Meeting Attendance and Voting: What is Permitted?”
The new Condominium Authority Tribunal (CAT) has now been “up and running” – so far dealing only with records disputes under Section 55 of the Condominium Act, 1998 – for just over a year. How does it seem to be working?
Subject to some concerns and reservations – expressed below – I think the new process is excellent, and CAT is doing a fine job. Continue reading “CAT – The First Year”