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Sep 5, 2017 | Article 

The Evolution of a Growing Industry: How Bill 106 and the Proposed Regulations are a Double Edged Sword for Condominium Corporations and Unit Owners

 

By: Jake Fine 

Abstract: Since its inception in 1967, the Condominium Act, or a revised version of the Act, has been the governing statute of condominium law in Ontario. After receiving royal assent in 1998, the condominium world was introduced to a completely overhauled statute in 2001, in the form of the Condominium Act 1998 [“Condo Act 1998”]. The Condo Act 1998, although a much more expansive statute than the Condo Act 1967, still did not comprehensively cover the issues surrounding condominium law. This was due to the fact that condominium law was, and still is, in its infancy compared to other areas of the law, whose origins date back hundreds of years. Celebrating fifty years since the first statute was given royal assent, Ontario’s condominium industry grows each day and as such, the laws that govern the industry need to grow with it. With an expanding industry and an expanding common law, the legislation governing condominium law was lagging behind the judiciary.

Recognizing that change was needed, the legislature set out to once again overhaul the governing statute of condominium law, and introduced Bill 106, the Protecting Condominium Owners Act, 2015 [“Amended Act”]. Although it does not remedy all of the problems that face the world of condominiums in Ontario, the Amended Act is another massive overhaul of the legislation.

One could undertake a comprehensive review of the entire Act, however this paper will focus on four significant changes to the Act. Three of these changes were for the good of the industry, making the necessary changes to the law that the judiciary would not, while one has the potential to cause the board of directors of a condominium corporation to waste valuable time and resources.

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