The condominium act, 1998 is the culmination of many years of consultation to reform the existing legislation. Some of these changes came into force on november 1. The ontario new condominium act is overseen by the ministry of government and consumer services. As a condo owner, many of the november 1st changes affect you. In ontario, we have the condominium act 1998 that came into effect in may 2001. Condominium special assessments what you should know. Accordingly, this checklist should be used as a general informational guide directing the reader to the relevant provisions of the condominium act, 1998 and the regulations which. The provision of this bulletin are effective as of may 5, 2001, being the date the condominium act, 1998 new act comes into force.
Ontario regulation to be made under the condominium act, 1998 amending o. Status certificate under subsection 76 1 of the condominium act. Condominium register in accordance with the regulations made under this act and the instructions of the director of titles. She represents her clients at all levels of court, various tribunals and in mediationarbitration proceedings. Condominium act, 1998 condominium act, 1998 name of condominium corporation condominium corporation no. This booklet is designed for the residential unit owner. Expanding reserve fund investment options canadian.
Condominium act, 1998 and the implementation of the condominium. Condominium law changes condo authority of ontario. Condominium act act 59 of 1978 an act relative to condominiums and condominium projects. The act provides the framework for the creation and administration of condominium. At the time of writing, section 1155 of the condominium act, 1998 defines eligible securities as bonds, debentures, gics, deposit receipts or notes, or similar instruments that are. All land registrars the condominium act, 1998 is the culmination of many years of consultation to reform the existing legislation. She advises condominium boards and owners on their rights and responsibilities under the condominium act, 1998 and other legislation that affects condominiums.
I will be referring from time to time in this article to the ontario condominium act, 1998 as the act. Land titles act, registry act, condominium act, 1998 bulletin content. On the day part iv comes into force, the act is amended by the statutes of. Once the bylaw has been approved by the unit owners, the directors are to execute a form form 11 under ontario regulation 4899 certifying that all requirements of the. The bill received royal assent on december 3, 2015, and is expected to be effective sometime in 2017. Instruction for a common elements condominium corporation. Schedule 1 amendments to the condominium act, 1998 and other amendments. The new legislation will not repeal the current act governing condominiums in ontario, being the condominium act, 1998, s. The new legislation will not repeal the current act governing condominiums in ontario, being the. Canadian condominium institute toronto association of. Accordingly, this checklist should be used as a general informational guide directing the reader to the relevant provisions of the condominium act, 1998 and the regulations which should be read in conjunction with this checklist. Some of these changes came into force on november 1, 2017, and others will come into effect over the next two years.
The condominium act, 1998, as amended in 2015 by the protecting condominium owners act the act governs the ownership of both residential and nonresidential condominiums in ontario. The province of ontario activated many new legislative provisions affecting the condo industry on november 1st, 2017, however there are some aspects of the changes not in force as of yet. Important changes to the condominium act, 1998 the act came into effect on november 1, 2017 and many more changes are coming in the near future. May 27, 2011 executive summary in conjunction with the legislative brief the brief the legislative committee is pleased to. The pcoa not only amended the condominium act, 1998 condominium act, but also enacted the condominium management services act, 2015 cmsa. This act shall be known and may be cited as the condominium act. The protecting condominium owners act, 2015 pcoa received royal assent on december 3, 2015, marking the first overhaul of the provinces condo law in over 16 years. An outline of the changes made to ontario s condo laws. The board has adopted the funding recommendations of the reserve fund study and will implement them as set out in the contribution table.
Section 98 of the condominium act, 1998 the act requires an owner to satisfy prerequisites prior to making any addition, alteration or improvement change to the common elements. The legislation that governs condominiums in ontario the condominium act, 1998 allows for a wide variety of styles of condominium that can suit many different purposes. Each province has its own act because housing is a provincial jurisdiction. The government of ontario has created a number of forms to be used under the condominium act, 1998. Each condo document has to be based on this act which, in ontario, is in theory the responsibility of the ministry of consumer and commercial relations. Ontario, 2000, chapter 26, schedule b, subsection 7 1 by. The new act will provide for increased consumer protection through more detailed. Condominium act, 1998, where and when it can be examined 1998, the reserve fund will be adequate for the major repair and replacement of the common elements and assets of the corporation. To somewhat complicate matters, were told that the regula.
The judgement, which considered whether the installation of a hot tub on an. As many of you will know, kathleen wynne was recently elected. There are a number of important changes to the condominium act, 1998 the act and its regulations. Reg 4801, 4901, 5001, 5101 and 5201 have been filed and are available on the mcbs internet site r. The owner enters into an agreement with the condominium that. Condo owners association coa condo buyers guide condo. There are no amounts that the condominium act, 1998 requires to be. Condominium act, 1998 or an administrator under section 1 of the condominium act, 1998. Bill 72 2012 an act to amend the condominium act, 1998 and other acts to increase protection for property owners note. In a precedent setting case, the ontario superior court of justice recently ruled that a board of directors of a condominium must secure the vote of a twothirds majority of unit owners before terminating an agreement under section 112 of the condominium act, 1998 the act where the effect of that termination would result in a substantial change to the assets or services of a condominium. Certificate in respect of a bylaw under subsection 38 1 of ontario regulation 4901 and subsection 56 9 of the condominium act, 1998 condominium act, 1998.
The act defines the roles and responsibilities of the original developer, the board of directors, and the individual owners. Some of these forms are mandatory and must be used. Be consistent with the condominium act, 1998 and the condominium s declaration. The condominium authority of ontario cao is pleased to host and provide access to the 17 condominium forms which have been delegated by the minister of government and.
Section 98 agreements indemnity or alteration agreements. But before the amendments can be proclaimed in force, the province must pass new regulations that will contain additional detail contemplated by the amendments. Amendments to ontarios condominium legislation gowling wlg. The new act will provide for increased consumer protection through more detailed disclosure requirements prior to the sale of a condominium. Some of these forms are mandatory and must be used and some are optional. On giving reasonable notice, the corporation or a person authorized by the corporation may enter a unit or a part of the common elements. Every condominium corporation in ontario has a right to make entry to a unit or the exclusive use common elements pursuant to section 19 of the condominium act, 1998. All condominiums in ontario are governed primarily by provincial legislation called the condominium act r. The short title of this act is the protecting condominium owners act, 2015. It ma r ks the first overhaul of the provinces condo law in over 16 years. For the legislative history of these acts, see the table. The condominium act, 1998 is the culmination of many years of consultation to reform.
939 155 262 474 99 1183 1509 1218 906 1283 558 101 13 653 1442 1023 107 585 97 1618 342 401 585 712 823 673 1525 803 1233 1192 556 887 469 618 931 271 38 285 647 705