Political Action - Condo Act

AMENDING THE CONDO ACT

TO  STRENGTHEN OWNERS' RIGHTS

In the past two years, I have become privy to the problems that burden too many condo owners as well as conscientious directors and managers: Owners are denied access to documents they are legally entitled to see; too many boards and managers abuse their power and are not accountable to owners who then have no recourse; owners’ monies are too often ill spent; noise problems are endemic; fraud occurs and owners are helpless; owners who try to reach for their rights are maltreated and threatened with law suits and forced to pay for unjustified legal bills--to name only a few of the problems that are repeatedly reported.

These problems are caused by loopholes in the Ontario Condominium Act, 1998, and reside in the fact that there is no oversight or enforcement of this Act. Thus, owners have no one they can turn to for help. Unfortunately, these disheartening situations rarely make it in the media: They are not deemed "newsworthy."

In May 2011, CCI and ACMO, two groups largely representing condo industries rather than condo owners' interests, have proposed their own amendments to the Act in a Legislative Brief. Unfortunately, their Brief would not remedy most problems of condo governance and breach of owners’ rights that beset so many condos. In fact, as detailed in the following sections, some of their proposals would further dilute owners’ rights.

Therefore, I have submitted my own Legislative Brief to the government--and it is presented below. This "CIC/Ambert" Brief is based on the 905 letters of complaints and requests for help received as of the end of August 31, 2011. This new Brief focuses strictly on rectifying problems of governance and strengthening owners' rights. It also suggests the implementation of an independent institution that would oversee condo governance and enforce owners' rights.

Anne-Marie Ambert
Condo Information Centre
October 10, 2011