Expansion of small claims e-filing helps clients, lawyers: Flett

Expansion of small claims e-filing helps clients, lawyers: Flett

December 31, 2007

Toronto condominium lawyer Armand Conant has been appointed a founding/first director of the Condominium Authority of Ontario (CAO).

The newly established, non-government, not-for profit organization that eventually will be an Administrative Authority, will provide numerous resources to, and services for, the condo industry including education and information about condominiums, be a resource to the whole industry, provide director education, administer a registry of, and data about, condominium corporations and oversee a specialized tribunal to adjudicate certain condominium disputes.

Conant, partner and head of Shibley Righton LLP’s condominium law department, says the Condo Authority will be a distinct non-profit legal entity operating at arm’s length from the government and assumes complete control over its financial, operational and legal responsibilities under its operating statute.

He says it’s expected the CAO will be primarily financed from a monthly fee per condo unit (hoped to be in the range of $1) collected by each condo corporation as part of its annual operating expenses. There will also be a user fee for those who wish to pursue disputes before the tribunal and possibly a fee to access the condo registry data.

The CAO is being introduced as part of Bill 106, Protecting Condominium Owners Act, 2015 (PCOA) — the government’s comprehensive reform of the existing Condominium Act, 1998 and the first overhaul of Ontario’s condo law in more than 15 years. Once proclaimed into law, the PCOA will amend the existing Condominium Act, 1998 and the Ontario New Home Warranties Plan Act. Bill 106 also enacts the Condominium Management Services Act (CMSA), the legislation for the licensing and regulation of condo property managers, and made amendments to other relevant statutes. While Bill 106 received Royal Assent in December 2015, the various changes to the current Condo Act and the new CMSA are not yet legally in force until their respective regulations have been passed and the legislation proclaimed.

“The Condo Authority will operate as a self-funded, non-government organization to be an Administrative Authority, and will provide different services for the industry. It’s similar to how the VQA administers Ontario's wine appellation system,” explains Conant. “As part of Bill 106, the government is setting up two separate administrative authorities — one is the Condo Authority, which I’ve been asked to sit on, and there’s also the Condominium Managers Licensing Authority.”

The CAO’s largest role will be setting up a separate tribunal for condominium disputes, which include disputes between condo owners/residents and condo corporations. It is also hoped that there will a very substantial online information, facilitation and dispute resolution mechanism available to the public, all with the goal to reduce disputes — but if a dispute proceeds then the goal is to have it dealt with in a more cost-efficient and speedy manner.

“Both the Tribunal and the online tools will be huge and require a fair amount of work to set up,” he tells AdvocateDaily.com.

Conant says the CAO was incorporated as a not-for-profit corporation in July and the four founding/first directors have already held several board meetings and are working hard to get it up and running and then certified by the government as an Administrative Authority.

“It’s going to be a lot of work with a very compressed and short timeline but it will be great once operational, providing tremendous services and benefits to the condo owners, corporations and the whole industry,” he says.