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CRA Crackdown on Pre-Construction Condo Flips

Canada Revenue Agency (“CRA”) is taking a close look at assignments of pre-construction condominium agreements of purchase and sale, particularly in Vancouver and Toronto.  With the boom in condominium development in those cities, many pre-construction units are being purchased by

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How to Complete the New Proxy Form (ON)

The new forms under the “new” Condominium Act were released on November 1, 2017. A month later, the industry is still getting familiar with these new documents and we are receiving many questions about them; especially about the new proxy

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Amendments coming January 1, 2018 (ON)

It has been a busy six weeks as those in the condo industry learned how to use the new forms, conduct owners’ meetings, and apply all of the other amendments that came into force on November 1, 2017. For more

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Short-Term Tenancy Update – City of Toronto Approves New Regulations (ON)

Last week Toronto City Council approved recommendations to create a new by-law regulating short-term stays in Toronto. We blogged earlier about the recommended regulations. Here is a quick summary of the major points City Council adopted:    Read the article……………..

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Some Condominiums Will Have New Obligations Under the Green Energy Act (ON)

A new regulation under the Green Energy Act will require condominium corporations in buildings that are at least 50,000 square feet and have more than 10 units to report on their energy and water use.     Read the article…………………

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Manager Alert! (ON)

Remember this date: January 29, 2018! You must submit your licence application by this date or you will no longer be able to provide condo management services.  What happens until January 29, 2018?    Read the article…………………

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The New Periodic Information Certificate (ON)

Amongst the various new obligations imposed on condo corporations, they will now have to regularly sent to all owners various Information Certificates. In this post, we discuss the new Periodic Information Certificate – aka the “PIC”. When, how and to

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Electric Vehicle Charging in Condominiums – Public Comment Sought on Proposed Regulations

The Ontario Government recently released proposed regulations under the Condominium Act, 1998 (the “Act”) to facilitate the charging of electric vehicles (“EV”) in condominiums.  The following proposed regulations will make it easier for condo owners and condominium corporations to install

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The Condominium Authority Tribunal (CAT) (ON)

The Condominium Authority Tribunal (CAT) has been up and running for about a month now. The CAO’s website contains a lot of useful information about the CAT, including the mediators selected to facilitate disputes. The CAO’s website also has the

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Electric Vehicle Charging Stations in Condos?

The province is seeking your input on proposed changes to the Condo Act which would make it easier to install and access electric vehicle charging stations in existing condos. While the province has not circulated actual proposed language, it provides

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Disclosure Obligations of Condo Directors at AGM (ON)

One of the many changes to have come into force this month is the requirement for all condo directors to disclose certain facts about themselves or risk being automatically disqualified. This post will help you with the process and timing

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Airbnbs and Short Term Rentals – More Than Just Strata Bylaws At Play (BC)

Thinking of purchasing a strata lot to rent out on the short-term market? If so, you may wish to familiarize yourself with the applicable rental restrictions.  The popularity of short-term rentals such as Airbnb continues to soar, making them an

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Court Refuses to Amend Condo Declaration to Ban Short-Term Rentals (ON)

In a recent case, (TSCC No. 1556 and No. 1600 v. Owners of TSCC No. 1556, et al), the Ontario Superior Court of Justice refused to grant a court order to amend the declarations of two corporations to eliminate provisions

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Links to new prescribed Condo Act forms

After much anticipation and on the final evening before the first major batch of condo law changes came into force, the Ministry of Government and Consumer Services released its new prescribed forms under the amended Condominium Act, 1998 and Ontario

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Get proper insurance for your condo

As a condo owner or renter, you may assume that you don’t need household insurance because it’s covered by the regular monthly condo fee.  But although the condominium corporation must carry insurance on the building, it does not cover everything. 

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Common Errors with the Amendments (ON)

The first phase of amendments to the Act has been in force for almost a month now. We have new forms, a new tribunal, and the CAO. There is a new process for calling and holding meetings. There are new

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Still Confused About Which Manager’s Licence is Right for You? (ON)

Mandatory licensing of condo managers has been ongoing for a few weeks now and the deadline to get your licence is looming. Have you figured out yet which licence is right for you? Fear not, we have developed an easy-to-use

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What You Need to Know About Changes to Ontario Condo Law

Ontario unveiled sweeping changes to the Condominium Act that alter the way condominiums are managed. They enact new regulations that apply to condo boards, owners, and property managers, and are designed to protect condo owners’ investments.  The new Protecting Condominium

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Fair Taxes – Guelph Condo Residents

To any Guelph condo owners and residents, you need to lend your voice (or even just be a face in the audience) at some upcoming City meetings to help get the condos in the Guelph community better services for the

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Condo Corporation Enters into Agreement with Airbnb to Regulate Short-Term Rentals

A downtown Toronto condominium is the first condominium corporation in Canada to enter into an agreement with Airbnb to regulate short-term rentals.  The agreement contains a number of provisions that benefit the corporation:     Read the article……………..

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Helpful Recent Decision About Condominium “Changes”

When a condominium corporation makes a “change” – which essentially is something that goes beyond maintenance and/or repair – involvement of the owners may be required under Section 97 of the Condominium Act.  But the required involvement of the owners

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City of Toronto Releases Reports Recommending Short-Term Rental Regulations (ON)

The City of Toronto has released two reports recommending short-term rental regulations, one dealing with zoning by-law amendments and the other recommending a registration and licensing program for short-term rentals.    Read the article…………….

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Practical Guides on the November 1st Amendments to the Condominium Act

Wondering what new responsibilities there are for condo directors? Questions about information certificates or record requests?  Worry no more!    Read the article……………..

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A guide to condo records and how to review them: Reasonable Doubt

The most frequent questions I get about condos are related to records. Under the Condominium Act, 1998 (the Act), certain items are considered to be “records” within the meaning of the Act, such as financial records, agreements that the condominium

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The New Information Certificates (ON)

The amendments to the Condominium Act, 1998, will result in much more frequent communications to the owners with valuable information about the condominium. One new source of information is the information certificates: the periodic information certificate (PIC); the information certificate

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The New Condominium Authority Tribunal Rules Are Out! (ON)

Here are some of the highlights of the new CAT Rules.  For every dispute, a five-step process is contemplated:    Read the article…………….

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The NEW PROCESS for Owners’ Meetings (ON)

The first phase of amendments to the Condominium Act, 1998, came into force on November 1, 2017. While the first phase included amendments to a variety of areas, there were a few areas with significant changes. One of the most

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New Condo Act: What Changes Have Been Implemented on November First (ON)

On November 1st, 2017, the province “turned on” many new legislative provisions affecting the condo industry. There is no turning back now. Still, it is worth remembering that not all changes to the Condo Act are in force yet. The

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Reduced Owners Quorum and Voting Thresholds Changes November 1 (ON)

Prior to the enactment of the Protecting Condominium Owners Act, 2015 the Government of Ontario conducted a collaborative public engagement process with various condominium industry stakeholders to identify issues of concerns. One of issues raised was the low rate of

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Bob’s AGM tips (ON)

Directors, managers and condo lawyers will spend at least the next year struggling through intricate implications arising with respect to the major amendments to the Condominium Act, 1998 (“the Act”) and its many new regulatory provisions flowing from the Protecting

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Turn-over Meetings: From Developer to Owners

Developers have several obligations post-registration of a condominium, such as appointing a board of directors and the auditor, collecting fees, obtaining insurance, and registering the proposed by-laws. There are other tasks, such as arranging for a reserve fund study, performance

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BCSC Declines to Confirm Strata Wind-Up Resolution for the First Time

In July 2016, the Strata Property Act (British Columbia) (the “Act”) was amended in order to make it easier for strata corporations[1] to voluntarily wind themselves up using a liquidator.[2] Previously, a resolution initiating the wind-up process and appointing a

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Condo Law Digest – November 2017: Weir v. Peel Condominium Corporation No. 485, 2017 ONSC 6265

Ms Weir is the owner of a penthouse unit in PCC No. 485. In June 2015 she noticed water pooling on the floor of her solarium during heavy rainfall from the southeast. The problem continued for about two years. Ms

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Important Court Decision About Recovering Costs From Owners (ON)

In the Wexler case, the owner brought a claim against the condominium corporation in Small Claims Court for total damages of $2,525.14 for alleged harassment, for recovery of costs for clean-up of pigeon droppings (charged to the owner by the

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Regulator will not actively seek complaints (ON)

As mandatory licensing launches this week, condo managers and condo management companies will likely be relieved to learn that the Condominium Management Regulatory Authority of Ontario (CMRAO) will not be fishing for concerns about licensees.    Read the article……………….

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Retention of Condominium Records Changes November 1 (ON)

Effective November 1, 2017, new provisions under the amended Condominium Act, 1998 (the “Act”) and amended Ontario Regulation 48/01 set out the obligations imposed on condominium corporations to maintain records.    Read the article………………

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New rules around condo board oversight (ON)

New legislation regulating condominiums that began rolling out in September will impact how condo boards are run by imposing disclosure obligations on directors and is geared at providing condo owners with more information.  The move is aimed at protecting the

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Government has no excuse for delaying consumer protection sections of new Condominium Act (ON)

With parts of the new Condominium Act coming into force next week, there is concern about important consumer protection sections in the act that have been delayed.  The amendments to the Condominium Act, 1998 were enacted in December 2015, by

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Changes Are Almost Here…Important Dates To Keep In Mind

We’ve been waiting for changes to the Condominium Act, 1998 for years. Five years to be exact. On June 8, 2012, the Ministry of Consumer Services announced that the Government was to launch a “Condo Review Consultation”. On December 3,

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Appeal Court Confirms Owner’s Obligation to Prove Case When Challenging Lien (ON)

In the recent decision Washington v. York Condominium Corporation No. 441, the Divisional Court confirmed that when a unit owner challenges a lien, it is the unit owner’s obligation to establish, on a balance of probabilities, that he or she

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What is changing come November 1, 2017?

We are only days away now from the next phase of amendments to the Condominium Act, 1998 (and other statutes) from the Protecting Condominium Owners Act, 2015 (Bill 106). The first phase created the Condominium Authority of Ontario (CAO), which

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Access to Condominium Records Changes November 1

Effective November 1, 2017, new procedures under the amended Condominium Act, 1998 (the “Act”) and amended Ontario Regulation 48/01 will govern how condominium owners, mortgagees and purchasers can examine or obtain a copy of condominium records.   Read the article…………………

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Condo Managers will be Required to Provide Police Record Checks

We’re only days away from mandatory licensing of condo managers, breathlessly waiting for the CMRAO’s online application process to go live to finally see what it’ll look like. One thing we do know, is that all applicants for a licence

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Concerns voiced over new condo tribunal (ON)

Lawyers are voicing concerns over the limited jurisdiction of the new tribunal being set up to handle condominium disputes when it opens its doors in November.  The Condo Authority Tribunal was set up as part of the provincial government’s overhaul

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Examination of Records – Do Condominium Owners Need a Proper Reason? (ON)

The Courts have said that condominium owners may be required, in some cases, to provide a proper reason for their requests to see records of the corporation. This is important in order to prevent unwarranted “fishing expeditions” and to otherwise

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This is What the New Condo Tribunal May Look Like

There is still a fair bit of mystery surrounding the new Condo Tribunal, despite the fact that it is expected to open its doors in less than 2 weeks. How will it work and what will online adjudication look like?

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Are There Any Exceptions to the Requirements in the New Condominium Act? (ON)

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

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Update on the Discipline Process under the CMSA

One of the more unsettling changes for condominium managers coming under the Condominium Management Services Act (“CMSA”) is obviously the complaint and discipline procedures. As we previously reported, under the CMSA anyone will be able to make a complaint to

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New rules to better protect condo owners, buyers on the way in 2018 (AB)

The Notley government plans to roll out new rules next year that aim to better protect the owners and buyers of condominiums.  The changes will require developers to provide realistic estimates of condo fees, firm move-in dates and hold buyer

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Educating Condominium Owners- the Condominium Authority of Ontario

One of the responsibilities of the Condominium Authority of Ontario (”CAO”) is to provide information and training about the rights and responsibilities of condominium owners and residents.  The CAO has listed on its website the ten most common issues relating

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