Condominium Authority
Short Answer
A not-for-profit corporation to be established by the provincial government pursuant to the Protecting Condominium Owners Act, 2015, (when brought into force) for the purpose of administering specific provisions of the Condominium Act, 1998 and its regulations as designated by the province.
Definition
The Condominium Authority is to be established by the Lieutenant Governor in Council following the coming into force of the Protecting Condominium Owners Act, 2015. Until this occurs, and the regulations and "administrative agreement" which spell out the responsibilities being delegated to the Condominium Authority, almost any attempt at a detailed discussion of its future activities and impact on the condominium industry or communities is speculative.
The following introductory comments were set out in Blog Entry #5, "An Array of New Authorities," in the Bill 106 Blog published by Clifton Kok LLP. The full entry, which also discusses the Condominium Authority Tribunal and the Condominium Registrar (two further entities to be established pursuant to the powers delegated to the Condominium Authority), can be read here.
The following introductory comments were set out in Blog Entry #5, "An Array of New Authorities," in the Bill 106 Blog published by Clifton Kok LLP. The full entry, which also discusses the Condominium Authority Tribunal and the Condominium Registrar (two further entities to be established pursuant to the powers delegated to the Condominium Authority), can be read here.
The Condominium Authority (CA) is another not-for-profit corporation to be established by the Lieutenant Governor in Council. Rather than possessing its own statute, the authority and duties of the CA are set out in and under the changes to the Condominium Act, 1998 (the “Act”) made in Schedule 1 of Bill 106.
The full scope of the CA’s duties is not set out in the Bill, but will be defined further in an agreement between it and the government. The primary intent of the new sections of the Act added by Bill 106 appears to be that the CA will help to ensure compliance by condominium corporations, boards and other stakeholders of Ontario condominiums, through the provision of educational resources and administration of the Condominium Authority Tribunal. The CA may also set up advisory councils to provide information or advice to the government regarding condominiums in the province and may make recommendations to the government on legislative amendments it considers to be appropriate.
The expenses of operating the CA can be covered by a combination of "user fees" for particular services and assessments of contributions to be paid to it by condominium corporations (similar in principle to the way that common expenses are assessed against individual unit owners). The anticipated amount of such an assessment is not set out in Bill 106. Instead, it provides that assessment processes and criteria are to be established by the CA with government approval, which then must be disclosed publicly on the CA's website. The CA may exempt certain classes of condominium from assessments or provide that one or more types of condominium are assessed differently than others. Therefore, speculations about the fees being, effectively, in the range of $1 to $3 per condominium unit per month are simply that – speculations. It is to be hoped that such assessments would not exceed such a range, but there is nothing in Bill 106 that restricts them to it.
What you need to know…
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…as a Unit Owner
If the intent of the Protecting Condominium Owners Act, 2015, is adhered to, it is very likely the Condominium Authority will provide opportunities for unit and POTL owners, particularly those who own units or POTLs in residential condominiums, to play leading, collaborative and advisory roles that can impact the quality, enjoyment and effectiveness of condominium living. The Condominium Authority will be governed by a board of directors that is to include owners and any advisory councils established by the Condominium Authority are also expected to include owner representatives. More detailed comments may be added to this entry as further information about the Condominium Authority is disclosed. |
…as a Board Member or Manager
It is anticipated that the Condominium Authority will participate or take the lead in determining and designating required training programs for condominium directors. The Condominium Authority may oversee other regulatory requirements affecting the performance of condominium directors. Condominium managers should be sufficiently knowledgeable of these requirements to help ensure the directors know how to and do comply with them. More detailed comments may be added to this entry as further information about the Condominium Authority is disclosed. |
…as a Declarant
There appears to be no specific indication in the Protecting Condominium Owners Act, 2015, that the Condominium Authority will represent the interests of declarants in any way. However, the authority may be involved in the administration or even the creation of directives, regulations or forms that impact the practices of declarants, particularly with respect to the contents of proposed declarations and by-laws and possibly disclosure materials. More detailed comments may be added to this entry as further information about the Condominium Authority is disclosed. |