The tools for resolving disputes under the Condominium Act,
1998 (the "Condo Act") were mandatory private
mediation-arbitration and the courts. The mechanisms provided for
under the Condo Act were time consuming and costly. A review of the
Condo Act also revealed a power imbalance during disputes as between
condo boards and owners.
Bill 106, the Protective Condominium
Owners Act, 2015, was passed in 2015. It amended the
Condo Act to address dispute resolution and enabled the
establishment of a condominium authority that would provide more
expedient and cost efficient dispute resolution mechanisms. As we
stated in a previous blog, the government introduced the new
authority, the Condominium Authority of Ontario
("CAO"), in Toronto to oversee and assist with issues or
complaints regarding condominiums. The goal of the authority is to
provide a faster and more cost efficient dispute mechanism
process.
