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 .