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.