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 is the authority responsible for overseeing the Condominium Act, 1998 and improving condominium living in Ontario. With so many changes described in Bill 106 and talk about phasing in the amendments, the question I am most often asked is "What is changing next?" According to the Ontario proclamation website, here are some of the amendments scheduled to come into force on November 1, 2017:
- The new Condominium Management Regulatory Authority of Ontario (CMRAO) and the mandatory licensing of condominium managers.
- The new information certificates (periodic information certificate, information certificate update, and the new owner information certificate).
- The new qualifications & disqualifications for directors, such as completing the new mandatory training and satisfying the disclosure obligations.
- Authorizing teleconferencing for board meetings without a by-law.
- The new process for calling owners' meetings (i.e. preliminary notice, formal notice of the meeting).
- Reducing quorum for owners' meetings after two unsuccessful attempts to achieve quorum.
- The new mandatory proxy forms for owners' meetings.
- Changes to the types of by-laws that may be made and reducing the approval level required for certain types of by-laws.
- Changes to the process for creating, repealing or amending rules.
- Decreasing the number of days owners have to notify the condominium of a lease of his/her unit from 30 days to 10 days.
- Various changes to make it clear that owners lose the right to vote for various voting issues (i.e. declaration amendment, amalgamation, termination) where they are in arrears for 30 days or more.
- Other housekeeping matters (i.e. updating the names of statutes mentioned in the Act, improving the French language version).