Property Owners' Protection Act, 2012 Marchese, Rosario — Bill 72 (40th Parliament, 1st Session)

Bill 72, 40-1

Ontario — Bills

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Bill 72, Property Owners' Protection Act, 2012

Marchese, Rosario

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Bill 72 2012

An Act to amend the Condominium Act, 1998 and other Acts to

increase protection for property owners

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Condominium Act, 1998

1. Subsection 1 (1) of the Condominium Act, 1998

is amended by adding the following definition:

"review board" means the review board designated under

Part XIII.1;

("commission de révision")

2. Subsections 7 (2), (3), (4) and (5) of the

Act are repealed and the following substituted:

Standard declaration

(2) A declaration shall contain the materials,

information, consents and standard provisions set out in the regulations.

3. (1) Subsection 29 (1) of the

Act is amended by striking out "or" at the end of clause (b), by adding "or" at

the end of clause (

c) and by adding the following clause:

(

d) the

person has an affiliation with a declarant that would undermine the person's

ability to act honestly and in good faith in discharging his or her duties as a

director.

(2) Subsection 29 (2) of the Act is

amended by striking out "or" at the end of clause (a), by adding "or" at the

end of clause (

b) and by adding the following clause:

(

c) the

review board determines that the person has an affiliation with a declarant

that would undermine the person's ability to act honestly and in good faith in

discharging his or her duties as a director.

(1) Section 43 of the Act is

amended by adding the following subsection:

Material for filing

(3.1) Before the meeting held under subsection (1) and on

or before the date specified in the regulations, the declarant shall deliver to

the review board the material set out in clauses (5) (

b) to (

f) for the purpose

of obtaining advice from the review board with respect to the contents of the

material.

(2) Subsection 43 (8) of the Act is

amended by striking out "the Superior Court of Justice" and substituting "the

review board".

(3) Subsection 43 (9) of the Act is

amended by striking out the portion before clause (

a) and substituting the

following:

Review board order

(9) The review board, if satisfied that the declarant has,

without reasonable excuse, failed to comply with subsection (4), (5) or (7),

. . . .

5. Subsections 51 (2) and (3) of the Act are

repealed and the following substituted:

One vote per owner

(2) Subject

to subsection (3), all voting by owners shall be on the basis of one vote per

owner.

More than one owner

(3) If

there are two or more owners of a unit, only one of the owners is entitled to

vote at a meeting.

Section 52 of the Act is amended by adding

the following subsection:

False or misleading statements

(8) No person shall, in a statement or in information

provided in respect of the appointment of a proxy, make a material statement or

provide material information that is false, deceptive or misleading.

7. Clause 56 (1) (

o) of the Act is amended by

striking out "or 132".

8. Subsection 60 (3) of the Act is repealed

and the following substituted:

Appointment by review board

(3) If for any reason no auditor is appointed

as required by this section, the review board may, on the application of an

owner,

(

a) appoint

one or more persons qualified to be auditors to hold office as auditors until

the close of the next annual general meeting;

(

b) fix

the remuneration that the corporation shall pay for the services of the auditor

who is appointed; and

(

c) fix

the amount that the corporation shall pay to the owner for the cost of the

application.

9. (1) Clause 72 (3) (

k) of the

Act is repealed and the following substituted:

(

k) if

construction of amenities is not completed, a

schedule of the proposed

commencement and completion dates, which completion dates shall be no later

than six months following the date upon which the disclosure statement is made;

(2) Subsection 72 (3) of the Act is

amended by adding the following clause:

(n.1) a statement of how

the declarant plans for the property to be managed, including the nature of the

relationship between,

(

i) the

declarant and the person with whom the declarant intends to enter into an

agreement for the management of the property, and

(ii) if

the person mentioned in subclause (

i) is incorporated as a corporation, the

declarant and any individuals to be employed by that person to act as a

manager.

(3) Section 72 of the Act is amended by

adding the following subsection:

Fees to be set out separately

(3.1) For the purposes of complying with clause (3) (s),

the statement setting out fees or charges must specify each fee or charge

separately.

(4) Subsection 72 (6) of the Act is

amended by striking out "the one-year period" in the portion before clause (

a) and substituting "the three-year period".

(5) Clause 72 (6) (

b) of the Act is

repealed and the following substituted:

(

b) a

statement of the proposed amount of each expense of the corporation during the

period, including the cost of reserve fund studies, the cost of the performance

audit under

section 44 and the cost of preparing audited financial statements

if any were required to be delivered within the period;

(6) Clause 72 (6) (

i) of the Act is

amended by striking out "the current fiscal year" at the end and substituting

"the period".

10. The Act is amended by adding the

following section:

Transfer of unit, prohibition

72.1

(1) No

declarant shall transfer a unit for occupation for residential purposes unless

the unit and the common elements mentioned in subsection (2) have been

constructed to meet, at a minimum, the prescribed standards.

Same

(2) Subsection (1) applies in respect of the following

common elements:

1. Hallways,

stairs and lobbies.

2. Underground

garages.

3. Elevating

devices.

4. Any

other prescribed common elements.

11. Subsection 75 (1) of the Act is amended

by striking out "the one-year period" and substituting "the three-year period".

12. Clause 76 (1) (

r) of the Act is amended

by striking out "the Superior Court of Justice" and substituting "the review

board".

13. The Act is amended by adding the

following Part:

Part V.1

Qualifications of Property Managers

Prohibition

83.1

(1) No

person shall act under an agreement for the management of a property owned by a

condominium corporation unless the person has the prescribed qualifications or,

if the person is incorporated as a corporation, an individual employed by that

person to act as the manager has the prescribed qualifications.

Same

(2) For the purposes of subsection (1), management of a

property includes management of the following:

1. Financial

matters.

2. Maintenance,

repairs and improvements.

3. Enforcement

of and compliance with the declaration, by-laws, rules and applicable

legislation.

4. Other

prescribed matters.

14. (1) Subsection 93 (2) of the

Act is repealed and the following substituted:

Purpose of fund

(2) A reserve fund shall be used only for the

following purposes:

1. Major

repair and replacement of the common elements and assets of the corporation.

2. Repair

and replacement of common elements following reasonable wear and tear.

3. Installation

of renewable energy technologies and other prescribed energy efficient

technologies.

93 (3) of the Act is amended by striking out "purpose" and substituting

"purposes".

(3) Subsection 93 (6) of the Act is

repealed and the following substituted:

Same, after first reserve fund study

(6) Subject to the regulations, the total amount of the

contributions to the reserve fund after the time period specified in subsection

(5) shall be the amount that, in the opinion of the corporation, is reasonably

expected to provide sufficient funds for achieving purposes mentioned in

subsection (2).

15. Subsection 94 (1) of the Act is repealed

and the following substituted:

Reserve fund study

(1) The corporation shall

conduct periodic studies to determine whether the amount of money in the reserve

fund and the amount of contributions collected by the corporation are adequate

to provide for the expected costs, as estimated by the corporation, of

achieving the purposes mentioned in subsection 93 (2).

of the Act is amended by striking out "purpose" and substituting "purposes".

17. Subsection 97 (1) of the Act is repealed

and the following substituted:

Changes made by corporation

(1) Work shall be deemed not to be an addition, alteration

or improvement to the common elements or a change in the assets of the

corporation for the purpose of this

section if one of the following

circumstances applies:

1. The

corporation has an obligation to repair the units or common elements after

damage or to maintain them and the corporation carries out the obligation using

materials that are as reasonably close in quality to the original as is

appropriate in accordance with current construction standards.

2. The

corporation is carrying out the work for the purpose of the installation of

renewable energy technologies or other prescribed energy efficient

technologies.

18. Clause 107 (2) (

d) of the Act is amended

by striking out "in a matter described in clause 7 (2) (c), (

d) or (

f) or 7 (4)

(e)" at the end and substituting "in material, information or consents required

under a regulation mentioned in subsection 7 (2)".

19. (1) Subsection 109 (1) of the

Act is repealed and the following substituted:

Review board order

(1) The corporation or an owner may make an application to

the review board for an order to amend the declaration or description.

(2) Subsection 109 (3) of the Act is

amended by striking out "court" and substituting "review board".

20. Subsection 125 (2) of the Act is

repealed.

21. (1) Subsections 128 (1) and

(2) of the Act are repealed and the following substituted:

Termination by review board

(1) A corporation, an owner, or a person having an

encumbrance against a unit and common interest, may make an application to the review

board for an order terminating the government of the property by this Act.

Grounds for order

(2) The review board may order that the government of the

property by this Act be terminated if the review board is of the opinion that

the termination would be just and equitable, having regard to,

(

a) the

scheme and intent of this Act;

(

b) the

probability of unfairness to the owners if the review board does not order

termination;

(

c) the

probability of confusion and uncertainty in the affairs of the corporation or

of the owners if the review board does not order termination; and

(

d) the

best interests of the owners.

(2) Subsection 128 (3) of the Act is

amended by striking out "court" and substituting "review board".

(3) Subsection 128 (4) of the Act is

amended by striking out "court" and substituting "review board".

22. (1) Subsection 130 (1) of the

Act is amended by striking out "Superior Court of Justice" in the portion

before clause (

a) and substituting "review board".

(2) Subsection 130 (2) of the Act is

amended by striking out "court" and substituting "review board".

(3) Subsection 130 (4) of the Act is repealed

and the following substituted:

Contents of order

(4) In the order, the review board,

(

a) shall

require the inspector to make a written report within a specified time to the

applicant for the order and to the corporation on the activities that the order

requires the inspector to perform; and

(

b) may

make an order as to the costs of the investigation or audit or any

Document details

Collection	Ontario — Bills
Citation	Bill 72, 40-1
Type	bill
Volume / chapter	p40 s1 bill 72 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	335056bf9828c1dfdeedc47acb21a633bcb780ed

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