The Condominium Authority of Ontario (CAO) is making an effort to reach out to those condominiums who have not yet filed their condominium returns.
If you haven’t seen it circulating yet, the Condominium Authority of Ontario (CAO) has put together a helpful PowerPoint with information about its functions. Our readers, specifically property managers and directors, might find this tool useful for owners meetings if owners have questions about the CAO. Continue reading “Wondering About The CAO’s Role?”
Has your condominium corporation registered with the CAO and paid the required dues yet? If not, you’re in luck, as the CAO has announced an extension of the December 31, 2017 filing deadline.
At the CCI-EO Annual General Meeting last night, the following question was asked: “What happens if a condominium doesn’t register with the Condominium Authority of Ontario?” We realized this morning that the question was not answered, so we wanted to post a quick blog to answer the question.
As you know, the changes to the Condominium Act, 1998 have created the Condominium Authority of Ontario (“CAO”). All condominium corporations in Ontario must register with the CAO and pay assessments by December 31, 2017. [Note: Check out our previous blogs for more information about the requirement to register and the proposed fees. Also, please refer to the CAO website for additional information.]
If your condominium corporation does not register or registers, but does not pay its fees, there are two main consequences:
• The Registrar may make a compliance order against the condominium corporation [Notice of this Order must be given to Owners]; and
• The condominium corporation will not be capable of maintaining a proceeding before the Condominium Authority Tribunal or a proceeding in a court in Ontario except with leave of the Court.
These consequences are severe and can have a wide range of implications for condominium corporations. For example:
• It could affect an insurer’s right to assert a subrogated claim;
• It can affect the marketability of the condominium corporation; and
• It can affect the condominium corporation’s ability to manage the affairs of the corporation.
In addition to the foregoing, condominium corporations must make additional filings with the Registrar including various returns. If the condominium corporation is not registered, and thereby does not file its returns, it can be subject to late fees.
In our view, it makes the most practical sense to ensure you register.
In order to register, your condominium corporation needs a unique code. If your condominium has not yet received a unique invitation code, contact the CAO at email@example.com.
Stay tuned to Condo Law News for more blogs about amendments to the Condominium Act and upcoming events .
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.