Condominiums Must Register With the CAO (Condominium Authority of Ontario) and Pay Assessments by December 31, 2017

Condominiums have started to receive Welcome notices from the CAO.

These Welcome notices outline some important features of the CAO, many of which we have discussed in past blogs, including:

  • Information and resources available through the CAO
  • Dispute Resolution through the Tribunal starting November 1, 2017
  • upcoming Online Mandatory Director Training (which will also be accessible to the public and owners at no charge)
  • Information about the pending public registry of Condominiums

The CAO website now has some comprehensive information as well.

Condominium corporations are reminded to:

  • Register the condominium with the CAO online,  (once you have received a unique invitation code) which will require the following information:

– The type of condominium corporation being registered
– The service address for the condominium corporation
– The number of units and voting units
– The names, email addresses, and terms for condo directors (optional)
– The name, email address and firm (if applicable) for your condo manager (optional)

    • Pay the condominium corporation’s assessment by December 31, 2017

More information is available here on the Registration page of the CAO website.

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

 

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Education Requirements for a Condominium Manager General Licence

Starting November 1, 2017 all condominium managers have 90 days to apply for a licence under the Condominium Management Services Act.

The Ministry of Government and Consumer Services (the “Ministry”) has designated the educational and examination requirements for a General Licence as follows:

Less than five years’ experience in providing condominium management services

The following ACMO-developed courses (for the current RCM designation) are required to be completed:

  • Condominium Law,
  • Physical Building Management,
  • Financial Planning for Condominium Managers, and
  • Condominium Administration and Human Relations.

Five or more years’ experience in providing condominium management services

The above-stated courses are required;

or,

Instead of those courses, the applicant will have to pass the applicable Challenge Examination developed by the ACMO.

Who will provide the Courses and Challenge Examination ?

  • Colleges of applied arts and technology that offer the above stated courses; and,
  • A Condominium Management Provider that is authorized by ACMO to offer the courses to its own employees.
  • ACMO will provide the Challenge Examinations.

Don’t forget that the Registrar will have the ability (likely on a case by case basis) to recognize alternative education experiences as equivalent to the above-stated requirements, for managers who have successfully completed other training programs, internship programs, apprenticeship programs, courses, seminars, lectures or tutorials.

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

 

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Condominium Authority of Ontario: Monthly Fees and Dispute Resolution Fees Confirmed

We had previously blogged about the fees associated with the new Condominium Authority of Ontario (CAO).

The CAO has announced that it has set the fee amounts for the monthly fee and the user fees for the Condominium Authority Tribunal (CAT) as follows:

  • CAO monthly fee per condominium unit at  $1 per month ($12 per year); and
  • CAT user fees for dispute resolution (payable by the party that files the dispute) as follows:
    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

    The CAO monthly fees will be payable by the Condominium Corporation. Initial communications will be sent to Condominiums later this month, with the initial payment (covering September 1, 2017 to March 31, 2018) being due on December 31, 2017.

The CAT user fees for dispute resolution are effective as of November 1, 2017. This is when the CAT will start accepting applications.

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

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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 .

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Christy Allen discusses Airbnb and Condos -Saturday morning on 580 CFRA

Listen to Christy Allen of Davidson Houle Allen speak about Airbnb and condominiums, on the June 17, 2017 Podcast on The Newsfeed with Kristy Cameron on 580 CFRA!

Find Christy’s appearance on ‘Hour 2’ of the Newsfeed on June 17, 2017 (starting at minute 22:43)

http://www.iheartradio.ca/580-cfra/shows/the-newsfeed-with-kristy-cameron-1.1818974

Christy talks with Kristy Cameron about the increasing presence of condominium units listed on Airbnb, particularly in anticipation of Canada Day and the market for accommodations in Ottawa.

Christy explains how condominium units being rented for nightly/short term rentals are a growing problem for condominiums, and such rentals may be in breach of a Condominium Corporation’s rules.

She discusses condominiums’ enforcement rights to deal with an owner or tenant renting for short term/nightly rental on websites like Airbnb, and why short-term rentals are significant concerns for Condominium Corporations, related to security, safety, community, responsibility for common elements, and use of amenities.

Christy also discusses why the recent steps to regulate Airbnb rentals in Toronto are relevant for Ottawa, and whether such steps may be useful here.

Stay tuned to Condo Law News for more blogs about caselaw updates related to condominiums.

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