Buying New Construction Condo

Buyers must understand condominiums before buying!  "Condos are a complicated purchase, first you must learn about the new construction world of condos and what is expected from the day of signing to registration day" says Linda Pinizzotto, Sutton Group Realtor and Founder | President of COA the Condo Owners Association.   It's time to invest in Real Estate but make sure you understand condominiums and work with a specialist.  

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Buying New vs Resale Condominiums

Buying a New Condominium

If you are purchasing a new construction condominium; take the time to review a number of concerns.

If you are enlisting the services of a Registered Real Estate Representative, you must enter into these development sites with your Sales Representative right from the start otherwise they cannot assist you.   

New Construction Condominiums are very confusing compared to the Resale Market.  The Sales Representative at the New Condominium Sales Office is hired by and represents the Builder.  They also may not be a registered Real Estate Salesperson.  It is very important to have your own representative.  

We highly recommended that all New Condominium Buyers enlist the services of a Residential Resale Real Estate Sales Representative who has a vast amount of knowledge relating to New Construction Condominiums, Condo Documents, By-Laws and Rules and Regulations of a Condominium prior to entering into any Model Site.   A licensed professional should have all of the knowledge listed below. 

Considerations on New Construction:

1. Review reputation of the Builder
2. Determine the launch date of the site - if there has been any price adjustments
3. Ask if there is any additional Phases of Sister Buildings to this Phase of construction
4. Ask if the 2nd Phase is a different Condominium Corporation
5. Ask if there is any entity of Share Facilities relating to the Building ie. Recreation Centre
6. Ask if the suites are Residential, Live-work or Commercial Usage /or both
7. Review all floor plans for wasted hallway space in relation to square footage of unit
8. Layout and Design, both living space, balcony or terrace
9. Review the location of the Building and the direction the Unit is facing
10. Note any vacant land or parking lots - Check with the City for Plan of the Area
11. Review the list of inclusions and note those with additional expenses
12. Calculate the Price per square foot of the Unit as per builder plans
13. Ask Sales Representative to explain square foot calculation inside wall
14. Confirm the price per square foot to determine the Maintenance Fees
15. Review the proximity of the elevators and garbage chute
16. Check if the building has energy features and tri-sector garbage chutes
17. Check if the building has sub metering for heat and/or hydro
18. Ask about finishings within the unit - ceiling height, floor coverings,
19. Obtain a list of Inclusions  (ie appliances)
20. Check light fixtures outlets on the plans (include those that are capped in purchase)
21. Ask about the amounts of keys, fobs and mail box keys provided with purchase
22. Ask if there are guest suites and if the superintendent suite is owned by the Corporation
23. Is there a rooftop patio and/or swimming pool - sundeck or anyting of concern
24. Note swimming pools on rooftop could be very expensive to fix - long term  

You will be provided an Agreement of Purchase and Sale

1. Note the payment schedule of your installments
2. Note the projected occupancy date and if there are any restrictions
3. Have the Sales Representative explain the difference between Occupancy and Registration
4. Ask if there are any conditions or preventions of Assignments
5. Have the Sales Representative explain details on Assignments and/or Rental prior to Registration
6. Ask about option to purchase parking and/or a locker
7. Learn about the Tarion Warranty Corporation
8. Understand Ontario New Home Warranties Plan Act  
9. Cancellation - 10 days is known as a "cooling off period"

Have your Solicitor Review during 10 Day cooling off period

1. You will be provided with the Condo Documents of the Building  (approx 150-200 pages)
2. You may also receive a package of By-Laws and/or Rules and Regulations
3. Have your Lawyer Review these Documents
4. Find out if there is any restrictions in the Documents relating to  ie. Pets, Barbecues
5. Check Short Term Rentals and if they are time sensitive or unlimited
6. Check if the Corporation includes any affordable Housing units
7. Check if there are any leasing equipment  ie. boilers, communication room etc.
8. Check if the full Parking Garage is Owned by the Corporation  
9. Your rights when buying a condo

The New Home Warranty Act

The New Home Warranty Act provides Consumer Protection is also available in other Provinces in Canada.   New Condo Buyers must familiarize themselves with the New Home Warranty Plans Act when they are purchasing new construction homes.

All new build condominiums must be registered with Tarion Warranty Corporation, a private corporation established in 1976 to protect the rights of new home buyers and regulate new home builders. Generally the cost of the registration is charged back to the Buyer on closing of the purchase.

Tarion administers the Ontario New Home Warranties Plan Act, outlining warranty protection that all new home purchasers are entitled to in Ontario.  Remember the Condominium Building is also covered under Tarion Warranty Corporation and the Ontario New Home Warranties Plan Act, RSO 1990, c0.31   The links below may assist you.

• Tarion Warranty Corporation   
• Tarion - New Home Buyers
• New Home Warranty Act         
• CanLii - Special Notes on Act

ABOUT THE CONDO OWNERS ASSOCIATION (COA)?

The Condo Owners Association is a reg. non profit Association representing the best interest of all Condo Owners in Ontario with Chapters in each City across the Province.

ARE YOU ON THE BOARD OF DIRECTORS IN A CONDO CORPORATION?

Condominium Board of Directors who have approved "Membership" into the Condo Owners Association (COA)  understand the importance of managing the affairs of your Condo Corporation in compliance to the Provincial Condominium Act, 1998.

Click Here for: Introduction Letter & Request for Membership COA (PDF)

Click Here for: Application Membership Form For Condo Corporation (PDF)

CONDO OWNERS

IS YOUR CONDO CORPORATION A MEMBER OF CONDO OWNERS ASSOCIATION?

If your Condo Corporation is not a member of COA;  ask your Board of Directors "WHY NOT?

The cost is only $1.00 per unit owner (per year)  per building   ie. If you have 300 Unit Owners;  the cost is only $300.00 per year

If your Board of Directors refuses to join COA,  then their Condo Owners can join on their own at $10 per year. 

ARE YOU A PROPERTY MANAGER?

All Property Managers should tell their Board of Directors about Condo Owners Association (COA) and support its membership.

RETURN TO JOIN COA MEMBERSHIP

COA - Condo Owners Association Ontario

BYLAWS AND PROCEDURE

a)  The Chapters and Local Districts must make a commitment on behalf of their Chapter or District  and pass resolutions of their dedication and commitment to COA.

b)  The Chapters and Local Districts must agree to follow the policies, procedure and protocol of COA Ontario and adopt their Code of Ethics for COA Directors.

c)  The Chapters and Local Districts must sign acceptance of the By-law to govern COA Ontario which embodies all COA Chapters and Districts.

MEMBERSHIPS, MEMBERSHIP DRIVE, SPECIAL EVENTS AND SEMINARS

The Chapters and Local Districts must submit a formal request to COA Ontario for the following:

1)  A plan for their membership drive in their local District

2)  A plan for potential seminars and potential locations for same

3)  The COA Mentor program will be contacted for assistance at any time

4)  All COA membership fees msut be payable to COA Ontario

ADDRESS AND BANKING

1)  The Chapters and Local Districts must create an address to serve the new Chapter and/or District, a post office box is recommended to avoid address changes

2)  Set up a bank account in the name of the Local Chapter and/or District.  Identify two or three of the organizing committee to have signing authority

Please proceed to:   "Maintaining Certification" for all details

GETTING STARTED

1)  Set a date for your first meeting with the first order of business to adopt the COA By-Laws of the local Chapter and COA Ontario.

2)  The organizing committee shall be deemed the new Board of Directors for the local District.  The Board of Directors shall vote amongst themselves for the following positions:

President; Treasurer;  Secretary and if more than three Directors; a Membership and Communications Director.

3)  Create a list of District Directors to include their Position, Name, Address, Contact Numbers and Email Address.  Provide a copy to the local Chapter and COA Ontario.

4)  Prepare a Strategic Planning seminar

The Strategic Planning Seminar should define:

• Names of board and positions (i.e. President, Treasurer, etc)
• Possible list of committees (i.e. newsletter, education, website, etc) and names of each committee chair
• A List of Chapters and contact information of same
• A List of COA Ontario Executive Directors contact information of same
• A committee for media, press, newsletters and other means of communication
• Name and address of bank where District account is held

District to work with Local Chapter for all Press and Media Functions and also to include:

• Public seminars
• Membership recruitment booths
• Education Courses
• Newsletter or print, TV and Radio press

5)  Certification and recertification of a COA Chapter will allow the chapter to use the COA name and logo. However upon de-certification, that right will end.

6) The COA Board of Directors shall have the right to vary any of the requirements for certification or recertification based upon the special circumstances of any chapter, from time to time.

7) COA Ontario Board of Directors shall have the right to change and/or adjust requirements for certification or recertification based upon the circumstances of any chapter and/or District from time to time.

8)  COA Ontario Board of Directors shall have the right to implement related costs for membership of the related Chapters and Districts.

9)  Websites:  Please Note: COA Ontario will include a Chapter web site page for new Chapters upon certification and the local Chapter will include a District site page for new Districts.  The chapter will be responsible for adding content and monitoring the site for all Districts associated with that Chapter.   A Chapter can create its own web site at any time but must obtain approval from COA Ontario and ensure the design is in keeping with the layout and standards of COA Ontario.  In the event that a Chapter creates its own web site, that Chapter will be solely responsible for any costs.  COA Ontario is to have full right to link directly to all associated Chapters and if applicable their websites.

Districts Websites:  A District can create its own web site at any time but must obtain approval from their local Chapter and COA Ontario to ensure the design is in keeping with the layout and standards of COA Ontario.  In the event that a District creates its own web site, that District will be solely responsible for any costs.  COA Ontario is to have full right to link directly to all associated Districts and Chapters (if applicable

Please proceed to:   "Bylaws & Procedures" for all details

COA ONTARIO - CHAPTERS BY COUNTIES

COA is accepting applications from Condo Owners in these areas.

Please refer to: How to Apply Chapter

Working Together with the COA 

The Condo  Owners Association structure was designed to embrace a voice for Condo Owners at the Provincial level and with local MP's and MPP's in each Riding and the local Councillors in each Ward of the City.  COA also works directly with the Mayors and City Staff and other Representatives relating to various issues and new regulatory process/changes relating to condominiums



MP's  - The Members of Parliament

1. MP's are elected to the Canadian House of Commons
2. Each COA Districts (Ridings) works with MP representative
3. ie Ottawa has 308 seats in the Canadian House of Commons
4. View MP Seats at Parliament Hill 

1. 107 Seats for MPP's who serve the Legislative Assembly of Ontario 
2. MPP's have a Toronto office at Queen's Park and a constituency office. 
3. View MPP seats in your riding

1. Represent their Local Wards within their City.
2. These Wards represent the COA Districts. 
3. List of Ontario Municipalities - Ministry of Municipal Affairs and Housing

COA TORONTO Division and Related District

There are 26 COA Divisions across the Province of Ontario located in various Cities and Towns.   Each of these have various Districts also known as their Political Riding and/or Municipal Ward.

COA Districts Design  Click for City of Toronto Districts Graph
 

1. Districts are known by their Political Riding and Municipal Ward. 
2. Example:  COA Toronto has 44 Districts
3. Each Toronto District has a Councillor, MPP and MP
4. MPP's on the Provincial level at Queen's Park
5. MP's on the Federal level at  Queen's Park and Parliament Hill  
6. Councillor represents City/Municipal issues at City Hall.

   COA TORONTO - GTA       

   (reg. non-profit Association)

   Click here for: www.COAToronto.com     

COA Ontario and all COA Chapters throughout the Province to include COA Toronto formed to address the shortfalls of the Condo Act as per Bill 186 and to advocate change by creating a strong and persuasive voice in the community to all levels of Government.  

The Condo Owners Association (commonly known as COA) represents all Condo Owners registered through their independent Condo Corporations.  

COA TORONTO was established under the umbrella of COA Ontario.  To represent Condo Owners Province wide it became necessary to create districts within each City.    In the City of Toronto there are 12 COA Districts representing 44 Wards as per the Federal and Provincial Political Ridings. 

COA Toronto Districts are broken down by Districts aligning the areas in conjunction with each particular Ward to develop a close working relationship with the local Counsellor, MPP and MP.  The same structure defines the City's around the Province within the Condo Owners Association for Ontario. 

 Click to View COA Districts of Toronto Chapter below:

 They parallel with the local wards from the map below

COA TORONTO Districts

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History in the Making

Condo Owners Association (known as COA Ontario) was Founded on March 2010 by Linda Pinizzotto, a Toronto/Mississauga Realtor who had a vision to create the 1st Non-Profit Association to represent Condo Owners and design a mechanism for awareness and representation in the Political forefront within all levels of Government across the Province of Ontario.  There are over 1.3 Million Condo Owners who need a cohesive united voice to represent them on many important issues. COA supports the development of its members and fosters a prosperous and sustainable economic environment while contributing to the quality of life in the condo community.

Linda's vision included a Condo Owners Association structure to represent Condo Owners in all of the Municipalities across the Province of Ontario.  The Municipalities and Regions are known as Divisions of COA Ontario and each have various Districts to identify their respective Wards.    he structure recognizes the vast amount of condominium owners and embraces various levels of government for representation in each Municipality and Region.    This structure allows a productive and communicative working environment with local Councillors, Members of Provincial Parliament, Members of Parliament and the various Ministry's of our Government.

COA Ontario is growing steadily with additional strong commitment and dedication from bellow Board of Directors Bob Coffey, Ex Chair of KPMG and Derrick Thomas; President and CEO of ITMayDay.   Please view COA Submissions to Ministry relating to some recommendations.   COA is an active Senior Stakeholder in the Condo Act Review.  "Building a Better Condo Act"   Working to represent and advocate for Condo Owners Rights... please see quote at the bottom of the page on this Provincial website.

Why Condo Owners need a Condo Owners Association

Condo Owners are facing huge maintenance fees, problem Board of Directors and a Condo Act that needs to be updated to protect their interest.  There is a huge imbalance of the present structure which takes away the rights of Condo Owners and puts too much control in the hands of the Board of Directors therefore compromising Condo Owners rights.

The Condo Act needs changes and proper governance  ie; better Tarion Warranty Coverage,  government funded energy retrofitting plans, respect for Municipal height restrictions and no further interference from the Ontario Municipal Board; better building codes,  specific property tax assessment strictly relating to  condominiums, a government bond with higher interest rates for condo reserve funds and education standards for Condo Board of Directors.

The act must include compliance mandates and fines as deemed necessary (as per other acts) to insure the Boards are in compliance to the Act and Owners are protected.   We need to address the important needs of existing condominiums where prices are dropping and maintenance fees are way above the normal ratio to value. We need to review service related trades and create a defined price list for services.

Some COA Initiatives

• Support Changes to the Condo Act working with Ministry of Consumer Services in Condo Act Review
• Meetings with MP's, MPP's and local Councillors in all Districts - across the Province of Ontario
• COA supported NDP Leader Andrea Horwath at HST Rally  Queen's Park, Toronto
• Preparing extensive reports and investigating numerous Condo Owners issues
• Meetings with Minister Margaret Best, Deputy Minister Giles Gherson
• Meetings with Hon J. Gerretson, Minister Consumer Services
• Discussions and Meetings with Andrea Horwath, NDP Leader
• Discussions on Condo Act  with Tim Hudak, Leader PC
• Meeting with John Campbell, CEO Waterfront Toronto
• Meeting with Go Transit, Metrolinx, Municipal Stakeholder Groups
• Meetings with condominium Board of Directors, Lawyers and Engineers
• Presentations to Carson Dunlop, Financial Institutions, several Corporate Firms
• City Official discussions and correspondence (Building, Zoning and By-Law Depts)
• Special Discussions with MPAC - Municipal Property Assessment Corporation- Property Taxes
• Press, Media and Political Conferences - CBC - CTV - Metro Morning - CP24 - That Channel
• Newspaper and Magazine Press Articles - Toronto Star, National Post, Local Magazines
• Social Media - 27 COA Twitter for City's across Ontario, Up-to-date Website, Videos
• COA supported NDP Leader Andrea Horwath at HST Rally  Queen's Park, Toronto