Section 98 Agreements - Ensuring Compliance with the Condominium Act
CCI Northwestern Ontario is excited to announce an upcoming Seminar, Section 98 Agreements - Ensuring Compliance with the Condominium Act, that will be held on March 22, 2023 starting at 4:00pm until 6:00pm.
Nancy Houle from Davidson Houle Allen LLP will be discussing the statutory requirement of having a Section 98 Agreement registered when a unit owner proposes to alterations, additions or improvements to the common elements. The presentation will cover the legal requirements regarding the content of a Section 98 Agreement and the Condominium Corporation’s duty to act reasonably when enacting Section 98 Agreements.
This event will be hosted virtually through Zoom!
To register, click here.
(Please be advised there is a fee of $25 to attend this seminar)
Please see below for an update on the legislative amendments to the Condominium Act, 1998 (Condo Act), from the CAO.
Proclamation of Amendments to the Condominium Act, 1998 Respecting a Condo Guide
Certain legislative amendments to the Condominium Act, 1998 (Condo Act) related to a condominium guide (condo guide) will come into force on January 1, 2021.
The legislative amendments to the Condo Act can be viewed here:
The legislative amendments to the Condo Act under sections 1(1), 71.1, 72(1), 72(2), 73(1), 73(2), and 161(1).
Once in force, the legislative amendments will, among other things,
o Require the Minister of Government and Consumer Services (Minister) to ensure that a condominium guide (condo guide) is prepared that sets out certain information, such as information related to condo purchasing and condo ownership, as the Minister considers appropriate.
o Give the Minister the authority to require the Condominium Authority of Ontario (CAO) to prepare the condo guide, subject to the Minister’s approval,
o Require declarants (developers) to deliver a copy of the applicable condo guide to purchasers of preconstruction/new condos along with the currently required disclosure statement,
o Provide that an agreement of purchase and sale entered by a developer or a person acting on behalf of or for the benefit of the developer is not binding on the purchaser until the developer has delivered a copy of the condo guide to the purchaser (in addition to the currently required disclosure statement), and
o Enable a purchaser who receives a copy of the condo guide (as well as the currently required disclosure statement) from the developer to rescind the agreement of purchase and sale before accepting a deed to the unit in certain circumstances.
As previously stated, the above amendments to the Condo Act will come into force on January 1, 2021. The CAO will be responsible for preparing the condo guide, which is intended for purchasers of pre-construction/new residential condo properties. The ministry has been working closely with the CAO to ensure that this condo guide will be available to the sector by late fall 2020 to give stakeholders, including condo developers, time to familiarize themselves with the condo guide and related requirements, before it is required to be provided to purchasers beginning on January 1, 2021.
Bringing these amendments into force is intended to help address a lack of plain-language information available to purchasers of residential pre-construction/new condos. The proposed condo guide is expected to better equip prospective purchasers of residential condos with information on condo ownership and on the condo purchase process to assist their understanding of the risks involved in buying pre-construction condos.
In addition, the condo guide may be of interest to anyone buying, owning or living in a condo as the guide will cover a wide range of topics (e.g., common expense fees, board governance) relevant to purchasing and owning property in a condo. However, developers would be required, under the Condo Act, to provide this condo guide only to purchasers of residential pre-construction/new condos.
General inquiries on the proposed condo guide, and its preparation, can be directed to the CAO. For more information, please visit the CAO’s website here: https://www.condoauthorityontario.ca/en-US/.
Superior Region Condo News - Archive
Curently available issues [PDF]: