An amendment to a regulation under Ontario’s Condo Act will give the Condominium Authority Tribunal (CAT) stronger rule over disputes.
As of October 1, 2020, changes will be made to O. Reg. 179/17, giving the cat the authority to accept applications for disputes over by-laws pertaining to vehicles, parking and storage, pets and other animals, and compensation for the aforementioned issues.
The changes will be greatly beneficial for condo owners and members of condominium associations across the province, as they will allow them to oversee and resolve a wider range of disputes internally.
Currently, under the present terms, condominium corporations and owners facing these kinds of disputes are required to file for arbitration or mediation, as outlined in Section 132 of the Condo Act. Depending on the situation, they may also be required to obtain a compliance order from the Superior Court of Justice in accordance with Section 134.
However, once the changes take effect, the CAT will have the power to handle these disputes in-house, eliminating the need for mediation, arbitration, and or court involvement.
The CAT’s expanded responsibilities will allow condo corporations, owners, and mortgagees to file applications for disputes regarding:
1. Filing complaints and grievances
- Condo corporations can file applications against owners if they fail to comply with the governing documents.
- Owners can file applications against other owners and / or occupants if they do not comply with the corporation’s governing documents.
2. Filing applications regarding pets, parking, vehicles and storage
- An owner can file an application against their condo corporation if they believe:
- One or more of the corporation’s regulations for pets or other animals, vehicles, parking and storage are unreasonable and / or inconsistent with the Condo Act.
- One or more of the corporation’s declarations regarding these rules is inconsistent with the Condo Act.
Note: The Condo Act states that all rules and regulations enacted by a corporation must be reasonable. Additionally, the corporation’s governing documentation must be consistent with the Act.
3. Modifying documentation
- Condo owners can file applications against their corporation if they do not follow the protocol for implementing or modifying governing documents.
Note: The corporation must always follow the correct protocol, regardless of whether they are enacting, modifying or repealing any of their governing documents.
- Owners and corporations can file applications for compensation outlined within the governing documents.
The CAT will not accept applications if the disputes are unrelated to provisions of the condo corporation’s governing documents regarding the issues mentioned above.
In the coming weeks, the CAT will provide additional information in regards to the amendment, including revised templates for communicating these issues and interactive checklists that will simplify the application process.