Fresh off the press, the Ontario Ministry of Government and Consumer Services has announced that pursuant to ONTARIO REGULATION 179/17, effective October 1, 2020, the Condominium Authority Tribunal (the “Tribunal”) will be dealing with a lot more condo disputes through its online dispute resolution system. More specifically, the Tribunal’s jurisdiction is being expanded to include disputes related to provisions in a condo’s declaration, by-laws or rules that:
- prohibit, restrict or otherwise govern pets or other animals, parking, vehicles or storage, in a unit, the common elements or the assets, if any, of the corporation.
- govern the indemnification or compensation of the corporation, an owner or a mortgagee in relation to these above-noted disputes.
If there is a dispute regarding a clause in the declaration, by-laws, or rules that pertains to:
- vehicles; or
- storage in a condo’s common elements/units/assets;
or a dispute relating to indemnification or compensation of the condo regarding these items, it must be addressed via the Tribunal’s online dispute system.
ONTARIO REGULATION 179/17 expressly provides that the Tribunal’s jurisdiction does not include Section 117 of the Condominium Act (dangerous activities likely to damage or property or cause injury) or an agreement described in subsection 24.6 (3) of Ontario Regulation 48/01 (installation of electric vehicle charging stations).
Stay tuned for further details on these development but this is sure to have a major impact on the condominium industry in terms of enforcement and governance.