Tag Archives: new condo construction

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Condominium Corporations with outdated Declarations written prior to 1998 should be updated to comply with the act to protect the Corporation and its Owners.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potentially negate any Director Liability Claims considering they are well aware their Declaration and or By-Laws are outdated.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

Condos Princess of Whales Theatre

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

Courtesy 680 News Toronto:

Theatre producer David Mirvish and architect Frank Gehry unveiled plans, Monday, to tear down the Princess of Wales Theatre and replace it with a new condo complex.

The complex will feature three 85-storey residential towers, a 60,000 square-metre art gallery called the Mirvish Collection, a new campus for the OCAD University, and retail space.

It will stretch along the north side of King Street West from the corner of John Street, across Ed Mirvish Way and east to the edge of the Royal Alexandra Theatre.

“These towers can become a symbol of what Toronto can be. I am not building condominiums; I am building three sculptures for people to live in,” Mirvish said.

The three condo towers will create one of the tallest structures in North America.

Mirvish said the project will be done in three phases and will take up to seven years to complete.

Have your Say about this.

Do you agree with tearing down The Princess of Whales Theatre?

  • No (60%, 3 Votes)
  • Yes (20%, 1 Votes)
  • Don't Care (20%, 1 Votes)
  • Undecided (0%, 0 Votes)

Total Voters: 5

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