Are There Any Exceptions to the Requirements in the New Condominium Act?

As many of our readers know, the new Condominium Act (the “Act”) amendments that are soon to be in effect will create new requirements and obligations for condominiums and their Boards. What our readers may not know is that the amendments also contain some exceptions to these new requirements and obligations.

In this blog, we provide an overview of a few of these exceptions.

• Notices to be filed with the Condominium Authority

As outlined in an earlier blog, condominium corporations will be obligated to file certain “Returns” and notices with the Condominium Authority, and will in particular be required to notify the Authority of any changes to the membership of the Board.  However, a condominium corporation will not be required to file a notice of change where a director is re-elected immediately following a preceding term of office (see section 9.3(2) of the Condominium Act for this exception).

• Information Certificates

Condominium corporations will be required to send out certain information certificates (including periodic information certificates, and new owner information certificate).  However, where certain conditions are met, including where 80% of owners have consented in writing to dispensing with the requirement to send such certificates, the condominium corporation may be exempt from this requirement (see section 60(5) of the Condominium Act for this exception).

• Matters to be adjudicated by the Condominium Authority Tribunal

The Condominium Authority Tribunal will adjudicate most matters that it is requested to consider, except disputes involving:

• Title to any real property (units or common areas)
• Easements
• Occupier’s liability
• Condominium liens
• Prohibited activities described in s. 117 of the act., or
• The constitutionality of any provisions of the Act or Regulations (see generally sections 1.35 – 1.42 of the Condominium Act for these exceptions).

Davidson Houle Allen LLP would like to thank our Articling Student, David Lu, for his contribution in preparing this Blog.

Stay tuned to Condo Law News for other blogs about the amendments to the Condominium Act, and upcoming events.