Act-editor

CondoMadness recommendations

"You give them recommendations. You throw different angles at them where, hopefully, they can get something out of it."
Mike Butcher

Rosario Marchese's Bill 72 proposed changes to the Act to strengthen consumer protection for condo owners.

The condo industry recommendations put forward by CCI-Toronto and ACMO, if implemented, largely ignores consumer protection and focuses on changing the Act to benefit the property managers and the corporate lawyers.

Most of their suggestions are well thought out and would be helpful. However, among the many improvements, the lawyers are suggesting that the government remove important rights that the owners have when confronted with an entrenched board.

Further more, when it comes to abuse of office by the board and the denial of the owner's democratic rights, the lawyers are silent.

In response, here are some of my ideas that addresses the issues of consumer protection, entrenched board members and unethical property managers.

Make the necessary changes to the:

Ontario New Home Warranties Plan & Building Code Acts

1.	Changes the building codes to reduce noise, smoke and odor penetration between the residential units.
2.	Toughen the building codes to reduce building envelop moisture penetration problems.
3.	Increase the warranty periods for Tarion coverage.
4.	Tarion needs to warranty condominium conversions.
The Condominium Act
	Tribunal
1.	A tribunal to resolve disputes between the owners and the corporation. The decisions to be binding on both parties.
2.	This tribunal needs disciplinary powers over directors, property managers and property management companies.
3.	Directors and property managers should face fines and disqualification orders for up to 15 years in cases of serious misconduct.
4.	This tribunal should also hear cases when the board refuses to allow examination of corporation records.
5.	Trained election inspectors (possibly volunteers) must be made available to monitor condo corporation elections and voting by the owners when requested by a minimum of 10% of the owner-residents.
	Licencing & training
6.	Licencing and mandatory training program for property managers by an independent accredited professional body.
7.	Mandatory 12 hour long training sessions for all condominium directors. The training costs will be paid by the corporation.
8.	Further mandatory 12 hours training for the secretary, treasurer and president of the board.
	General improvements
9.	General loan by-laws need to be illegal.
10.	All audited financial statements for the last six years and the current Reserve Fund Study for all condominiums in the province will be put on-line and made available for inspection by all interested persons.
11.	Whistle-blower protection for directors and employees who, in good faith, report violations of the Act, the corporation's declaration or bylaws, violations of provincial or municipal regulations or human rights violations by other directors, employees of the property management company or any and all employees and contractors hired by the corporation
12.	Condominium corporations who fail to hold their AGM within six months after the end of the fiscal year must apply to the courts for an extension. A notice of application must be sent to all the owners.