Condo Owners Association COA

Displaying items by tag: Ministry of Government and Consumers Services

The New Condominium Law Changes      See:  BULLETIN

Dear Condo Owners and General Public the Ontario Condo Act receives it's first overhaul in over 16 years with the introduction of Bill 106 Protecting Condominium Owners Act 2015. 

Please follow the new Condo Act changes in this
plain language guide.  

The key initatives include:

  1. Protecting Condominium Owners Act
  2. Consultations
  3. Streamline dispute Resolution
  4. Enhance Consumer Protection
  5. Strengthen financial management
  6. Improve how condos are run
  7. Condo Manager Licenses

  

Ontario Government Site - Condominiums

Bill 106, Protecting Condominium Owners Act 2015 

Status Certificate Forms

On March 26, 2018, the Ministry of Government and Consumer Services advised that the Status Certificates forms have been updated to take effect May 1, 2018.  

Condo Forms for Status 


 

Other Related Condominium Changes

Reforming Ontario's Condo Law  

Education requirements to get a condominium manager licence 

Licensing CMRAO Condominium Management Regulatory Authority of Ontario

Condominium Management Services Act, 2015, S.O. 2015, c.28 Sched. 2

Public Feedback on Condo Act 

Condo Owners Rights and Responsibilities


 

Condo Act Review and the 3 Stage Process

Consultation Process  

The COA was a participant in the Condo Act Review and on the Home Protection Review regarding the Licensing of Property Managers and Management Firms and others......... Click How COA Helps

 

Published in About Condo Act

Concerns on Condo Act Review 

These are some questions the COA had during the review process:
 

Click to view Condo Owners Association (COA) Stage Two Feedback

 

  1. Why is the Condo Act self governed with no fines for non compliance and illegal contravention of the act yet other acts offer protection with fines, ie Traffic Act, Health & Safety Act, AODA Accessibility Act etc.
  2. Expert Panel has over 95% of the Panel with representatives of Condo Service Trades and no representation for Condo Owners
  3. Initial suggestions/recommendations adopted by the Ministry based on input from OWNERS versus SERVICE PROVIDERS in their initial report
  4. The Condo Office is a Provincial Government CASH GRAB from Condo Owners and is completely unfair and unreasonable!
  5. The proposal to charge all condo owners by implementing a Condo Office at a monthly fee will cost huge dollars ( based on the number of Condos in the Province)
  6. Why are Condo Owners expected to pay for Property Managers licensing when they are employees of Property Management Firms
  7. Why are Condo Owners targeted to pay more money from a Condo Act review when this review is supposed to be about protecting and creating a better condo act
  8. Condo Owners need a standardized declaration in plain language, adopting multi-culturism so everyone can read and understand, the new Condo Act is more confusing!
  9. The Provincial Government should be working with the Condo Owners Association to open communication between Condo Owner
  10. New Condo Act continues to be be self-regulated yet evidence proves 14 years of present acts provides NO Protection for condo owners 
  11. Owners and Board of Directors shows a disconnect between the two (2) parties
  12. The condo act report has confirmed proxy forgery but there is no 3rd party holder of proxies to prevent tampering by Board Members or Property Managers who may be involved with the same to ensue their contracts
  13. Like the auditor, the Legal Counsel for the Condo should be elected/appointed by the owners and NOT the Board. Therefore, the lawyer works for the Owners and the Board will then need to hire its own lawyer. There have been too many problems for owners trying to get satisfaction from the Board
  14. The review process is taking far too much time.  Presently, the Ministry knows the 20% of the issues that are causing 80% of the problems. Therefore apply the 80/20 rule and implement some changes now versus a year from now
  15. Why did the government not involved MPAC on the review and analyse how MPAC evaluates Condos on their present structure for property tax assessment and adjust to consider reserve funds, refurbishments and upgrades.
  16. Why is there no ability for condo owners to find out about MPAC assessments online to compare their tax assessments as there is with single family homes
  17. Why was there no discussion in the condo act review on why there is COA Board member on Tarion or at least someone to represent Condo Owners ?
  18. Why did the panel not recommend less time for Status certificates considering 10 days is too long of a period of time for condo owners to wait
  19. Why is the fee for status certificates not paid to the Condo Corporation but instead to the Property Management Firms yet the documents belong to the Condo Corporation.
  20. Why did the review not address the need for Status Certificates to be broader and provide more info to a prospective owner/buyer. Also a history of maintenance fees for at least 3 years needs to be included.
  21. How come Board members can have meetings and delay approval for costly recommendations yet do not have to inform the Condo Owners at the beginning of discussion so they are prepared and alerted
  22. The developer needs to guarantee the maintenance fees for the first 3 years to prevent excessive maintenance fee increases after the 1st year
  23. Why has the Government not taken the Condo Owners Association advice to create a Reserve Fund Bond for Condominiums that pays an interest rate at last 1% or 1.5% higher than the Ontario Savings Bond
  24. As part of the Directors and Officers insurance, and to ensure that the Condo Board acts reasonably, there could be premium incentives for Boards who operate with and implement proper governance principles and policies
  25. Why does the Board of Directors have the ability to accumulate excessive surpluses and also are not mandated to obtain 3 quotes for any or all services
  26. Why would the Government limit courses to new Board Members when there is substantial proof that many Board Members have a lack of condominium knowledge
  27. The Government should be utilizing and help support Canadian Colleges and Universities to provide courses for Property Managers and Property Management Firms
  28. The Government should be utilizing and help support Canadian Colleges and Universities to provide courses for all Condominium Board members

Published in COA Reports on Review

The Condo Owners Association has made a huge impact providing expert opinion, recommendations and solutions on various "Stakeholder Groups" on behalf of residential and commercial Condo Owners and Condo Corporations   We offer our sincerest appreciation to those listed below and all of the other Governmental Agencies, Non Profit Agency and Private Corporations who have reached out to invite the COA to participate:  

  1. Ministry of Government and Consumers Services
  2. Consumers Council of Canada
  3. Ministry of Finance
  4. Homeowner Protection Centre
  5. Fire Marshal Office
  6. Ministry of Community Safety & Correctional Services
  7. Canada's Public Policy Forum
  8. City of Toronto
  9. City of Mississauga


 

STAKEHOLDER - Reports are links below:

Consumers Council of Canada Residential Housing Intensification Study

Fire Marshall Safety for Ontarians Advisory Committee

Carbon Monoxide Safety for Ontarians

Homeowner Protection Centre Condominium Property Management Regulation

City of Mississauga Stormwater System Review Page 78

Ontario's Condominium Act Review Stakeholder Roundtable

Ontario's Condominium Act Review Stage One Findings Report

Ontario's Condominium Act Stage Growing Up Ontario Condo Communities

Condo Act Residents Report - COA presents Page 59


 

COA Ontario Reports/Power Points links below:

How Condo Owners Association Helps Condo Owners 

COA Explains Impact of Condo Act at Carson Dunlop Condo Event  

COA Makes an Impact for Condo Owners at Toronto Home Show - Exhibition Place  

COA recommends a Provincial Reserve Fund Bond for Condos 

COA letter to Premier Wynne regarding problems with Status Certificates


 

COA Ontario submits Reports to Ministry of Government and Consumers Services   


 

COA submits Letters to Hon Premier Kathleen Wynne

 

   

Published in COA Reports on Review

ANSWERS TO QUESTIONS FROM CONDO OWNERS

We have been invited by Minister Best of The Ministry of Consumer and Commercial Services to participate with "Building a Better Condo Act" which is a condo reform to ensure better protection and governance for Condo Owners.

Mention has been made on the importance of hiring a good property management company and how they may influence a well-maintained Condo and keep maintenance lower.  COA has submitted an extensive report to the Ministry.  It is important for Condo Owners to understand that the Property Manager only impliments decisions of the Board of Directors as the Contracted Property Management company employee.  Recommendations are extremely important however Condo Board Members need to be informed and aware that they have a fiduciary duty to comply to the Condo Act when making decisions on behalf of the Corporation therefore must accept responsibilities of their decisions and not leave it in the hands of their Property Manager.   The Board of Directors have too much power no doubt and many of them abuse the power and do not comply to the Condo Act.  The Condo Act is self-governed which is the largest single problem of the Act and it needs to contain diciplinary and a fine process for those who do not comply to the Act.  It is no different from the various other Acts in affect  Example... Traffic Act, Human Rights Act, Accessibility Act, Health and Safety Act.  As it stands now it leaves a wide open space for too much control and abusive power for bad Board of Directors and unfortunately the good Boards who run the affairs of the Corporation in compliance and in good faith are affected.

We need ALL CONDO OWNERS ACROSS THE PROVINCE to join COA and also write to the Ministry to force 1) Governance and mandate compliance 2) One Declaration to comply to the Condo Act so there no confusion and written in every day language  3) a Reporting system for Condo Owners to report abusive Boards  4)  The reporting mechanism should not be comprised of  ie. Property Managements, Condo  Lawyers, Developers and Builders because of the conflict of interest of trade relating to Condominiums   5) Our government needs to arrange a Reserve Fund Bond available for all Corporations at high rates  6)  Special Condo Building incentives administered by our Government relating to energy efficiency etc should be identified and developed as a cost savings for Buidings in particular the older buildings

COA has offered a number of improvement required in the Condo Act  They are geared to identifying the problems of high maintenance fees which ultimately reduces value of the Buildings and Condo Owners are slowly losing their equity.   Condo Owners have to get involved, get educated, join COA and work together towards a stronger and financially secure Condo Market.    We stand firm on providing the strongest possible assistance to help Condo Owners and support extensive changes in the Condo Act

Published in Blog