Tag Archives: condominiums

Condo Owners Speak Out

by: Linda Pinizzotto, DStG – Dame Order of St George –  Founder CEO COA – Condo Owners Association

Condo Owners rights? 

There are more than 1.3 Million condo owners in Ontario, the Condo Act must be taken seriously by Board Members and Condo Corporations.   Mandatory classes should be enacted for all Condo Owners so they understand their rights.   Sometimes the COA wonders whether it is only service related trades making recommendations?  The Provincial Government needs to listen to Condo Owners not Board Members and or service trades.  Are existing issues documented with the CAO being researched and considered?

Condo Owners are slowly waking up but they are still at a loss to obtain answers and find resolutions within their own Condo building.  They do not want to file with the CAO, Condo Authority of Ontario because they are afraid.  How do we finally open that door of communication?   We are addressing some concerns on the COA Blog.  We appreciate owners to submit their comments and complaints using this portal as a VOICE FOR CONDO OWNERS

Condo Declaration non-compliance to Condo Act

All Board of Director of any Condominium Corporation must comply with the Ontario Condominium Act 1998 https://www.ontario.ca/laws/statute/98c19

Also inclusive of the numerous changes to modernize the Act.   https://news.ontario.ca/en/release/21256/building-a-better-condominium-act

Condominium Corporations with outdated Declarations written prior to 1998 should be updated to comply with the act to protect the Corporation and its Owners.   A Condo Corporation is comprised of Owners equivalent to the number of units within the Corporation.   Board of Directors voted in by the Owners have a responsibility to follow the Act as written inclusive of other Acts Protecting Condominium Owners Act 2015, S.O. 2015, c. 28  https://www.ontario.ca/laws/statute/s15028 and Bill 106, Protecting Condo Owners Act, 2015  https://www.ola.org/en/legislative-business/bills/parliament-41/session-1/bill-106

It us our opinion not professional advice, the Board of Directors of your Condominium Corporation should consult a Condominium Lawyer to updated the any Condo Corporation Declaration which was written prior to 1998 Condo Act as soon as possible. If it is in non compliance and the Board of Directors carries on business of the Corporation in the above circumstances they not only may compromise the Corporation but could also potentially negate any Director Liability Claims considering they are well aware their Declaration and or By-Laws are outdated.   The COA are not lawyers, we are offering our opinion and equally suggest the Owners to seek Legal advice in the event the Board refuses.    If Owners feel their Board of Directors are not in compliance with the above acts, we highly recommended it be reported to the CAO  Condominium Authority of Ontario.  

Property Managers and Management company are licensed / an accreditation mandatory under the Act – Condominium Management Services Act, 2015, S.O. 2015, c.28, Sched 2   https://www.ontario.ca/laws/statute/15c28     Also regulated by the CMRAO mandating compliance to the Act in all of their professional activity.  If Owners feel they are in a situation where their Property Manager or Management company is not in compliance it is highly recommended it be reported to the CMRAO  Condominium Management Regulatory Association Ontario.  

Please note:   Under the Condominium Act, 1998, Section 37, Standard of Care (1): “Every Director and every officer of a corporation in exercising the powers and discharging the duties of office shall (a) act honestly and in good faith; and (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.” 1998,c 19,s.37 (1).

We have offered our opinion on the above situation and we always endorsed Standard Care of every Director and Officer of the Corporation as noted above.   Protecting Condominium Owners Act is the product of the Governments comprehensive review of the existing Condominium Act.     We trust these directives are helpful. 

The COA has worked hard since 2010 for these changes

Condo Game on CBC DocZone

Don’t Miss it

by: Linda Pinizzotto, DStG – Dame Order of St George –  Founder CEO COA – Condo Owners Association 

The Condo Game – a documentary examining the forces at play behind the fastest moving condo market in North America. Nov 21 on CBC Doc Zone.

Description

This documentary from Bountiful Films examines the forces at play behind the fastest moving condo market in North America – Toronto – and discovers that the glittering glass hides a sea of troubles. The first startling revelation for many people will be how very much the condo market is focused on investor profit, not affordable housing. One expert even says that it’s really not primarily a housing market but a commodities play. And that means that average Canadians, just looking for a place to call home, are joining a game for which they don’t have the rule book. The Condo Game, Thurs Nov 21 on CBC Television’s Doc Zone

Follow “The Condo Game”  on Facebook
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The Condo Owners Association (COA Ontario) were delighted to work with Bountiful Films in their production of  “The Condo Game” documentary
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