Condo Act Legislation Update

December 2015

Protecting Condominium Owners Act, 2015

I t seems that everyone wants to be a stakeholder representing condo owners.

The Ontario government has introduced legislation to amend the Condominium Act, 1998. This legislation is referred to as Bill 106 or the Protecting Condominium Owners Act, 2015 – a 167 page document containing more than a thousand revisions to the current Condominium Act.

Bill 106 has gone through first and second reading in the Ontario Legislature. It has been referred to a Standing Committee of the Legislature to enable legislators to hear and consider submissions from stakeholders with respect to further revisions. Submissions were heard on October 22 and 29.

The Standing Committee heard from 23 stakeholders. Five presenters were condo owners and two were condo owner advocates. The remaining 16 presenters were advocates for a range of industries – 4 lawyers, 2 builders, 2 property managers, 2 accounting.

Should Protecting Condominium Owners Act, 2015 become law as proposed, virtually all of the non-condo owner/advocate presenters to the Standing Committee are in professions likely to profit from condo owners. Their desire to advise on this legislation as representatives of condo owners may be less than sincere. These presenters outnumbering true condo owner advocates is troubling.

This legislation will result in higher condo fees for all condo owners. Existence of “hidden costs” and additional fees was briefly acknowledged by condo owner Donna Lacourse in her submission.

Condo owners can be assured that condo ownership will become more expensive unless changes to this proposed legislation are made.

It is hoped the legislators will consider the financial implications and interests of condo owners over those of other stakeholders when finalizing this legislation.

Protecting Condominium Owners Act, 2015 is anticipated to become law in early 2017.

For those interested in this legislation the following links will be helpful: