During major common element construction projects, condominium corporations often hire a general contractor to oversee the project. Typically, the general contractor would then hire sub-contractors. Over the course of the project, the condominium corporation makes periodic payments to the general contractor, who then makes the payments to the sub-contractors.
However, what happens if the general contractor suddenly abandons the project and does not pay the sub-contractors?
Continue reading “The Effect Of The New Construction Act On Condominiums In Ontario”
Coming amendments to Section 84 of the Condominium Act will give owners new rights to challenge chargebacks. By way of summary, owners will have new procedures by which to “appeal” chargebacks to the new Condominium Authority Tribunal (which I think will be possible in most cases) or to the Courts.
Continue reading “Collecting Chargebacks Will Soon Become More Of A Challenge”
Section 21.1 of the Condominium Act is a proposed new section to the legislation. It will require a shared facilities agreement to be prepared and registered for pretty much any property that is shared, or will be shared (with another party), by a condominium or a prospective condominium.
This section is not yet in force, and the related regulations have not yet been prepared. But it could arrive any day (as part of the next phase of the amendments to the Condominium Act). Continue reading “Shared Facilities Agreements Will Soon Be Mandatory”
Condominiums face an increasingly complex matrix of issues with the new Cannabis Act and related legislation. The impact will be far-reaching and will pose increasingly complex challenges for condominiums. Board members need to comprehend how to navigate the risky junctions of intersecting legislation and their condominium’s own by-laws, rules, and declaration.
Continue reading “Turning a New Leaf: The Impact of the Cannabis Act on Condominiums”
Recently I received an interesting question respecting status certificates from a very astute condominium manager.
As many of our readers know, under the former (1978 version) of the Condominium Act, Section 32(8) of that Act said that a status certificate was binding upon the condominium corporation “as against the person requesting the certificate.”
However, the current Act – Section 76(6) – does not contain the same words. Instead, section 76(6) of the current Act says that the certificate binds the corporation “as against a purchaser or mortgagee of a unit who relies on the certificate”…and this could, in theory, be someone other than the person who requested the certificate!
So the question raised by the condominium manager is as follows: Continue reading “Who Can Rely On A Status Certificate?”