Concerns re: Proposed Condo Act Amendments – Concern #6
As mentioned in previous posts, Bill 106: Protecting Condominium Owners Act was introduced in the Ontario Legislature on May 27, and the full text of the bill is now available here. If passed, this bill will make crucial changes to the administration and operation of condominiums, which will affect both condo corporations and owners across Ontario.
Many of the proposed Amendments to the Condominium Act, 1998 (“the Act”) look very good to me. However, I do have some concerns. This is my blog post on Concern #6.
Concern #6 – Record of Owners and Mortgagees
Currently, Section 47 of the Act obligates owners to provide to the corporation an address for service (if the owner wishes to receive notices from the corporation). And Section 47 of the Act also says that the owner must notify the corporation of all changes in the address for service.
The proposed amendments would add a new Section 46.1 respecting the Record of Owners and Mortgagees, to be maintained by the corporation. Under this proposed new section, it appears to me that there might not be any address for service (provided by an owner).
According to the proposed new Section 46.1, a notice to an owner could be sent by prepaid mail to the address for service noted in the Record “or that is required [by Section 46.1] to appear in that record”. I’m assuming that this “default address” is the address of the unit; but I don’t think this is clear in the proposed new Section 46.1.
Here’s my point: I think it’s important that there be a mechanism for delivery of notice to an owner by ordinary mail, and I’m not sure if this is clearly covered in the proposed amendments.