Five Things to Know About the Proposed Condominium Authority Tribunal

The proposed amendments to the Condominium Act in Bill 106: Protecting Condominium Owners Act include a new administrative authority called the Condominium Authority Tribunal, to make binding decisions and handle dispute resolution on various matters under the Condominium Act. Here are five key points to know about this very important change that will affect owners and condominium corporations.

  1. The Tribunal is the proposed body that would resolve disputes via case management, mediation and arbitration. It will also offer online resources and self-help tools.
  2. The Tribunal’s dispute resolution functions would be set out in the regulations, which have not yet been drafted but are expected to include having the jurisdiction to resolve disputes between owners and corporations, between multiple owners, and between corporations. Dispute types will likely include matters such as enforcement of declarations, by-laws and rules, and access to records.
  3. Some types of dispute will be excluded. Disputes regarding liens, for example, will likely be excluded, as well as disputes concerning conditions and activities that are likely to damage property or assets of the corporation or cause injury or illness to an individual. Mediation, arbitration and applications to Court would still apply to excluded disputes.
  4. Decisions made by the Tribunal will be binding. Appeals on questions of law would be to the Divisional Court. Orders for compensation and costs in favour of a condominium corporation against an owner, if unpaid, can be added to the owner’s common expenses payable for the unit. Orders for compensation and costs in favour of an owner would permit the owner to set off those amounts owing by the condominium corporation from the common expense payable for their unit.
  5. Two of the goals of implementing the Tribunal are:
  1. To have disputes resolved more quickly than proceeding through mediation/arbitration mechanisms under section 132, and applications to Court under section 134 of the Condominium Act, 1998
  2. Achieving lower costs for resolving such disputes.