Condominium Hot Topic

Amendments to Ontario's Condominium Legislation?


Is it making a difference?  This is a Hot Topic, while our Ministry of Government and Consumers Services Condo Act Review consisted of an eighteen months of a collaborative public engagement process, internally it consisted mainly up to 90% input from Condo Service Related Trades.   The Condo Owners Association was founded in 2010 by Linda Pinizzotto, at which time the main mission was to work with Provincial Government to change the Condo Act.     See Building a Better Condo Act

 

In reality the process was not eighteen months, but 3 years since the COA met with the McGuinty Government to advocated to get the ball rolling to change the 1998 Condo Act until the Wynn Government and Province enacted the Protecting Condominium Owners Act, 2015 also known as Bill 106 which received Royal Assent on December 3, 2015.  This Act represented a significant overhaul and introduced some major amendments to the Condominium Act 1998 relating to governance for Condominiums in Ontario.  New legislation also included the Condominium Management Services Act, 2015.  Many of the Amendments to the Condominium Act came into force on November 1, 2017 and others continue through January 1, 2018 and moving to April 2018 over the next few months.


CAO - CONDOMINIUM AUTHORITY OF ONTARIO

Too many changes and way to quick is the rule of thumb for Condo Owners now which is creating another whole source of problems.   While these changes are very necessary, the confusion within the Condo World is helping to create a lot of dissention amongst Board Members and internal Property Managers.  There is a huge fight for control and there are Board members who know very little, have minimal experience and now believe that quoting google and/or attending a seminar allows them to throw around the words transparency, compliance to the Condo Act and non disclosure or disclosure depending on their whim of the day.  Their actions are damaging the integrity of Board Operations and their Corporations.   The fact that there is a lot of unknown territory and even the Condominium Authority of Ontario CAO as a newly established administrative authority pursuant to Bill 106, cannot control the mass of problems presently underway within Condo Buildings and Boards suffering at the hands of these disruptive Board Members.

 

Some Board Members are using the forms of the CAO against their own building requisitioning information of the Board when it is has always been readily available.  Why would they do that?  Simply because they are building a case in front of Owners to derail the Board and take control, a simple form of manipulation to justify false claims of non transparency.

 

CMRAO - CONDOMINIUM REGULATORY AUTHORITY OF ONTARIO

The COA is continually asked "Is the Property Manager in the Building involved with this scheme?  According to the vast amount of emails, the COA receives it really depends on each situation therefore the answer is Yes and No   Property Managers without the knowledge of their respective Property Management companies, especially those who have been in a building for over 5 years seem to be more willing to compromise themselves only to ensure their long term employment and presence in the building.  They do not want to see a majority replacement of the Board and they tend to favour Board Members where they feel they can work with and/or manipulate to remain safe.   It would be nice if licensing of Property Managers can prevent these occurrences however the only way to streamline these problems is if the CMRAO Condominium Management Regulatory Authority of Ontario mandates a 1-2 year time limit per Condo Managers per building.     At the present time, the licensing is definitely a benefit for Condo Management Firms in the sense of credibility and protection of operations.    On the Property Manager side, it remains to be seen because today many of the Condo Managers, although they are strictly employees of the firms, they can and do take huge advantages over their employer especially if they have the Board behind them.   The  majority of the complaints received by the Condo Owners Association COA relate to problems with Condo Managers.  It is never ending.   If you have a problem with your Condo Manager, we need to hear about it.  Please contact the COA.

The main complaints are relating to Condo Managers

  • 1) Abusive behavior to Residents
  • 2) Receiving kickbacks - manipulating Quotes for approval
  • 3) Forcing certain trades persons
  • 4) lack of disclosure and/or refusal to provide information
  • 5) Generally they are working with 1 or 2 Board Member