Some Condo Act Phase I Amendment Tidbits

There has been a lot of discussion recently about the Phase 1 amendments to the Condominium Act, 1998. Click here for Jim Davidson’s previous article in Condo Contact describing those changes. But what hasn’t received as much attention are some of the lesser known – but still important – amendments, which are as follows:

Section 29:  The Directors’ qualification in relation to mental capacity has been slightly changed. To be disqualified (for that reason), a Director must now be found (pursuant to certain indicated processes) to be lacking the specific capacity described in the section.

Section 35 (5) and Section 11.12 of Regulation 48/01:  As long as all Directors consent, Directors can now meet by teleconference (or similar concurrent communication method as described in the Regulation) without any need for a by-law to authorize this.

Section 55 (2.2): [In case there was any doubt] The Condominium Act now confirms that a Manager is entitled to receive any records of the corporation that the Manager reasonably requires to perform the Manager’s duties.

Section 58:  The process for passing Rules is somewhat changed. Sections 46 and 58 of the Condominium Act must now be included with a Notice to Owners (respecting a proposed Rule).  Furthermore, if owners requisition a meeting to consider the proposed Rule, the Rule will become effective if quorum is not achieved at the meeting, or if quorum is achieved, but there is no vote against the Rule at the meeting. As a result, Notices to Owners will need to change to reflect this amendment.

Section 83: The landlord’s period to comply with the indicated requirements in relation to tenancies has been reduced from 30 days to 10 days.

Stay tuned to Condo Law News to keep up to date on the latest developments on comments on the Condominium Act amendments.