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Archive for 2017

Condo Managers Will Not be Able to Solicit Proxies Under the New Condo Management Services Act

You will recall that, earlier this year, the province circulated the draft regulation it proposes to adopt under the new Condominium Management Services Act. We have extensively blogged about this.  In this post, we look at the restrictions imposed by this new legislation on the handling of proxies by condominium managers. Whether it is justified or not, […]

A Requisition for a Special Owners Meeting can Lead to a Defamation Case

The ultimate recourse when condo owners are dissatisfied with the board or its decisions is to requisition an owners meeting to remove directors. This process often leads to various groups campaigning the owners to support their position. A recent unreported case reminds us to exercise caution in the context of this democratic exercise to avoid […]

What can Condo Corporations do When Owners Display Signs of Mental Incapacity?

In this post, we discussed two recent cases where the courts have had to make the difficult decision of whether to order a condo owner to have their mental capacity assessed. Interestingly enough these cases led to surprisingly different results. The Ottawa case The Ottawa case originated from a dispute “surrounding” Ms. Sennek’s garden.  Literally.  She appeared […]

New Mandatory Training for Condo Directors

As part of its revamping of the Condo Act, the province is  imposing various additional obligations onto condo corporations, managers and directors. Last month, the Ministry of Government and Consumer Services circulated a new set of draft regulations which further detail some of these new obligations. It In this post, we discuss what we knew about […]

New Disclosure Obligations for Condo Directors

We all know that Ontario is revamping its regulation of the condominium industry.  As part of the sweeping changes being introduced, the province is imposing mandatory licensing on condo managers but it is also imposing new training and new disclosure obligations on condo directors. In this post, we explore the new mandatory disclosure obligations. Condo […]

More Regulatory Proposals for the Condo Industry

The province has issued more regulatory proposals for your review and comments. These ones are less substantive in nature and deal with the mechanics of setting up the various Authorities and the Tribunal which will oversee this new legislative regime. Now is the time to share your opinions… or forever hold your peace! New Proposal to Regulate […]

Can Noise Complaints Lead to the Eviction of a Condo Tenant?

People living in condos have a duty to comply with the corporation’s regulations. Condo corporations, for their part, have a duty to take all reasonable steps to ensure such compliance. But to what extent? Can tenants of a condo unit be evicted because they are causing excessive noise? Or should the corporation let neighbours sort out […]

The Proposed Regulations under the Condo Act Are out for Review – for Real, This Time!

Last week, we advised you that the Ministry of Government and Consumer Services had posted a “plain language” summary of the proposed regulations to be adopted under the “New Condo Act”.  Today, the province posted the “legalese version” of it, that is the full version of the proposed regulations. It can be reviewed here. Keep in mind […]

Draft New Regulations Under the Condo Act Are Out for Consultation!

The Ministry of Government and Consumer Services has posted yesterday a first draft of the proposed regulations to be adopted under the “New Condo Act”.  The province is seeking comments on this first draft by March 30, 2017.  Some of the proposed regulations could come into force as early as July 1, 2017. Bill 106, the […]

Complaints and Disciplinary Procedures against Condo Managers under the New Act

In this series of posts, we explore how Ontario proposes to licence and regulate condo managers under the new Condominium Management Services Act.  In this post, we look at who can lodge a formal complaint against a condo manager and how complaints and disciplinary procedures will be handled under this new legislation. Complaints Procedure The new […]