Following are various legal instruments, recommendations and articles of interest.
Further help is available to you from the following websites:
[click] The Condominium Authority of Ontario (see item 2 below)
[click] The Condo Adviser
[click] Condo Law News
DOCUMENTS THAT GOVERN CONDO CORPORATIONS IN ONTARIO
The hierarchy of documents that govern condo corporations in Ontario is as follows:
The Ontario Condominium Act, 1998 and Bill 106, Protecting Condominium Owners Act, 2015
OCSCC 725 Declaration
OCSCC 725 By-Laws
OCSCC 725 Rules
There cannot be any inconsistencies between these instruments. The Ontario Condominium Act 1998 stipulates that any provision in a rule or a proposed rule that is inconsistent with the provisions of the Act, the provisions of the Act shall prevail C. 19 p.58 (4). This also applies to the other instruments.
THE CONDOMINIUM ACT
[click] The Ontario Condominium Act, 1998, S.O. 1998, c. 19
[click] Ontario Regulation 48/01 Amending Regulations under the Condominium Act, 1998.
[click] Bill 106, Protecting Condominium Owners Act, 2015
THE DECLARATION
[click] OCSCC 725 Declaration
THE BY-LAWS
[click] OCSCC 725 By-law No.1 (the corporation)
[click] OCSCC 725 By-law No.2 (disputes)
[click] OCSCC 725 By-law No.3 (modifications to common elements)
[click] OCSCC 725 By-law No.4 (insurance)
[click] OCSCC 725 By-law No.5 (electronic voting)
THE RULES
[click] OCSCC 725 Rules (Revised 2019)
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ADDITIONAL DETAILS AND REFERENCES
[click] The Ontario Condominium Act and [click] Regulation 48/01 Amending Regulations
This is an act of legislation that regulates most aspects of condo formation, purchasing, living in, and governance. Each condo document has to be based on this Act which, in Ontario, is the responsibility of the Ministry of Consumer and Commercial Relations. The Condominium Act 1998 came into effect in May 2001. Regulation 48/01 was filed in 2001 and amends some of the 1998 Condo Act regulations.
[click] Protecting Condominium Owners Act, 2015
This is the product of the government’s comprehensive review of the existing Condominium Act.
It marks the first overhaul of the province’s condo law in over 16 years. It:
amends the Condominium Act and the Ontario New Home Warranties Plan Act
enacts the Condominium Management Services Act
makes small consequential amendments to other relevant acts
Many important aspects of the reforms will be implemented through regulations and by the new administrative authorities to allow for flexibility in a rapidly changing market. Regulations will be prepared in consultation with the public, condo owners and the condo sector, including consultation through the regulatory registry. The 'Condo Adviser' and the 'Condo Law News' blogs keep registered members informed of new developments and regulations.
[click] The Declaration
A declaration provides information regarding each suite’s boundaries as well as its share of common expenses, which common elements are “exclusive use,” that is, are used only by each unit, such as a terrace, balcony, parking spot, locker, or a patio. The declaration describes the recreational facilities and how they are to be used. Declarations are specific to each type of condo. Declarations are written by a builder or a developer’s legal firm. Therefore, it is this building company that decides what will be an exclusive-use common element versus what is owned by the unit. The declaration cannot be changed unless 80% of unit owners consent in writing, depending on the issue. A written consent is obtained by the board after a meeting of owners during which the amendment is discussed. Lawyers are consulted by boards before any amendment is considered.
[click] By-law No.1
Covers the following topics concerning the corporation's management:
Definitions
Seal
Records
The Corporation
Meetings of owners
Board of Directors
Officers
Banking arrangements and contracts
Financial year end
Notice
Assessment and collection of common expenses
Liability for costs
Assessment appeals
Miscellaneous
Pages 15-16 describe 22 rules initially enacted by the builder
Schedule 'G' describes what a 'standard unit' comprises and which parking space belongs to which unit.
[click] By-law No.2
Procedure for achieving fair and equitable resolutions to certain disputes:
Definitions
Application of these procedures
Mediation procedures
Arbitration procedures
Common expenses
Miscellaneous
[click] By-law No.3
Covers the following topics concerning common element modifications:
Definitions
Purpose of this By-law
Permitted modifications
Terms and conditions
Agreement
Previous By-laws
Miscellaneous
[click] By-law No.4
Concerning insurance deductibles
Definitions
Section 105(3) of the Act
Insurance deductibles
Miscellaneous (including description of each unit's lot)
[click] RULES (Revised in 2019)
[click] Rules (Revised in 2019) Board Letter
Rules have to be reasonable and in accordance with the Act. Generally, a set of rules is drawn by a builder’s law firm and given to each new owner along with the declaration. Rules basically exist, as stated in section 58(1) of the Act, to promote the safety, security or welfare of owners and their property as well as the corporation’s assets. Rules also exist for the purpose of preventing unreasonable interference with residents’ use and enjoyment of their units and common elements.
Rules and regulations are helpful as they guide the behaviour of residents. People then know what to expect. Rules generally cover issues of responsibility for the maintenance of common elements, behaviours in common elements, noise, garbage disposal, bicycles, pets, parking, exclusive-use common elements such as terraces, balconies, and patios, moving, fire safety, and health, recreational facilities, guest suites, grounds, roof gardens and shared facilities.
It is the responsibility of the board of directors to see that rules are enforced consistently.
[click] Article: Is this Condo Rule Legal? By: Rod Escayola | September 13, 2018
THE CONDOMINIUM AUTHORITY OF ONTARIO
The Condominium Authority of Ontario (CAO) is a newly established organization that aims to improve condominium living by providing services and resources for condo owners. These include:
easy-to-use information to help owners and residents understand their rights and responsibilities
mandatory training for condo directors
resources to help condo owners and residents resolve common issues
an online dispute resolution service through the Condominium Authority Tribunal (CAT)
[click] The Condominium Authority of Ontario (CA) website
[click] The Condominium Authority of Ontario Tribunal (CAT)
The Condominium Authority Tribunal, or the CAT, is a new online tribunal that helps to settle and decide condominium-related disputes in Ontario. As of November 1, 2017, anyone with a dispute about the records of a condominium corporation in Ontario can file a case at the CAT. Records disputes are covered by section 55 of the Condominium Act, 1998.
LEGAL ADVICE SOUGHT BY THE SUSSEX SQUARE BOARD & BINDING AGREEMENTS SIGNED BY OUR CORPORATION
[click] 2011-11-24 Common Elements Meeting Summary - Sign off on warranty obligations between OCSCC725, Tarion and Claridge
[click] 2014-04-17 NOP Legal opinion re potential claims by OCSCC 725
[click] 2015-07-28 NOP Who owns the water shut-off valves in the condominium units?
[click] 2016-11-14 Gowling WLG Re: President Deschenes inappropriate Newsletter
[click] 2018-08-01 DHA LLP Legal opinion concerning the SSCO Newsletter and SS Website
ARE YOU SEARCHING FOR A LAWYER WITH EXPERTISE IN CONDOMINIUM LAW?
Occasionally, Sussex Square board has hired the services of two lawyers who specialize in condominium law: Rodrique Escayola and James Davidson.
At this time, the board calls on the following firm for legal advice:
Davidson Houle Allen LLP - Condominium Law
Jim Davidson
Founding partner
613.231.8243
http://davidsoncondolaw.ca/lawyers/jim-davidson/
Nancy Houle
Founding partner
613.231.8222
http://davidsoncondolaw.ca/lawyers/nancy-houle/
Blog: Condo Law News Blog
http://davidsoncondolaw.ca/blog/
If you have an issue with our corporation, you cannot hire these firms because they have advised our corporation in the past. Rod Escayola recommends the following firms and suggests that you always check for availability, expertise and budget before hiring.
Elia & Associates
303 Waverley Street
Ottawa, ON K2P 0V9
T: 613-860-0800
F: 613-860-0804
http://www.elia.org/index.php?option=com_content&view=article&id=237&Itemid=147
Soloway Wright
427 Laurier Avenue West, Suite 700
Ottawa, Ontario K1R 7Y2
Tel: 613-236-0111
Toll Free: 1-866-207-5880
Fax: 613-238-8507
https://www.solowaywright.com/
LEGAL TOPICS ARTICLES AND DOCUMENTS OF INTEREST
AGM
[click] Article - Explaining the Preliminary Notice to Condo Owners. By: Rod Escayola | March 1, 2018
AirBNB
[click] Article - Air BnB article
[click] Archive of articles concerning Air BnB
Board
[click] Mandatory Training for Condo Directors, by: Rod Escayola, September 19, 2017
(Training must be taken within 6 months of election or the director is disqualified from the board; in force beginning Nov. 1, 2017)
Code of Ethics
[click] Article - Code of Ethics for Condo Board Directors. By Condo.ca (Canada's Condominium Magazine)
Communications
[click] Periodic Information Certificate, by: Rod Escayola December 06, 2017
[click] Email Exchanges Between Directors Can Be Defamatory, by: Rod Escayola, June 19, 2015
Electric cars and charging stations
[click] Article - Electric Car Charging Stations in Condos. by: Rod Escayola April 04, 2018
[click] Video - Charging stations
Forms
[click] Links on Condo Adviser's website to download new condo Act forms (does not include the link to the 'Standard Condo Rental Agreement form #2229E'
[click] Direct link to the Condo Authority of Ontario website for downloading forms. (does not include the link to the 'Standard Condo Rental Agreement form #2229E)
[click] The Standard Condo Rental Agreement form #2229E can be downloaded from this link. This tenancy agreement (or lease) is required in Ontario for tenancies entered into on April 30, 2018 or later.
General topics
[click] Article - Condo owner rights and responsibilities
[click] Article - Condominium Basics
[click] Article - Rights and obligations of condo tenants
Maintenance & Repairs
[click] Failing to Repair and Maintain Common Elements Can Amount to Oppression, by: Jocelyn Duquette, May 08, 2015
Noise
[click] City of Ottawa - Noise By-Law
Parking - Visitors
[click] Policy concerning Visitor Parking (Nov. 2023)
Privacy
[click] Article - Privacy in Condominiums
[click] Condo Directors Have a Limited Right to Privacy, by: Rod Escayola, June 14, 2016
[click] Are Condo Owners Entitled to Access the Email Address List of Other Owners? By: Rod Escayola, June 08, 2016
[click] Does PIPEDA (The Personal Information Protection and Electronic Documents Act) Apply to Condominiums?
Proxies
[click] How to Complete the New Condo Proxy. By: Rod Escayola, June 6, 2018
Records
[click] Records that Unit Owners have the right to access according to the Condominium Authority of Ontario [CAO]
[click] Records - Ontario Regulation 48-01 Section 13 covers records; highlighted Section 13.3 (8) 6 states there should be no fees for obtaining copies of core records
[click] Article - 7 Things You Should Know Before Requesting Records From Your Condo
[click] Article - Access to Condominium Records Changes November 1, 2017 (non-compliance penalty = $500 to $5,000). By Denise Lash, October 24, 2017
[click] Article - Access to Records under the revised Condominium Act. By Meritus Group Management Inc.
[click] Article - Right of Access to Condo Records
[click] Article - Records Under the Protecting Condominium Owners Act: Welcome to the Jungle by DSFM, Nov.1, 2017
[click] Article - New Tribunal Rules on Owners Accessing Condominium Records by: Rod Escayola | July 10, 2018
Requisitioned Meetings
[click] Article - Corporations Must Act Fast When Condo Owners Requisition a Meeting of Owners. By: Rod Escayola | August 1, 2018
Security
[click] Security - Disclosure Agreement -Surveillance Agreement
[click] Security - Guidelines for Use Of Video Cameras
Smoking & Cannabis
[click] Is your Condo Ready for the Legalization of Marijuana? by: Rod Escayola, April 18, 2017
[click] Condominiums Can Prevent Smoking in Units, by: Rod Escayola, February 02, 2016
Special Meetings
[click] The “New Condo Act” Will Significantly Affect the Calling of Special Owners’ Meetings, by: Rod Escayola, August 25, 2015
Valves
[click] Who owns the water shut-off valves in the condominium units?