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ARTICLE · 28 APRIL 2017

Monthly Tip - April 2017

Miller Thomson
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Miller Thomson

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In our last newsletter, we wrote that the government had "grandfathered" insurance deductible recovery by-laws in the draft regulations that were recently released.

CanadaReal Estate and Construction
Miller Thomson LLP
Miller Thomson LLP
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In our last newsletter, we wrote that the government had "grandfathered" insurance deductible recovery by-laws in the draft regulations that were recently released. We recommended that condominium corporations enact a deductible recovery by-law as soon as possible, so it will be in place when these regulations come into force.

We have looked into this issue further and here are three things you should know:

  1. It does not appear that the first set of amendments under the Condominium Act and the accompanying regulations will be effective in July 2017. It is looking like the earliest it will happen is September 2017.
  2. The amendments to the Condominium Act provide that an insurance deductible recovery provision must be contained within a declaration. Without grandfathering, the by-law provisions will no longer be operative. When we saw the draft regulations, we believed that an insurance deductible recovery by-law, if put in place before the amendments and

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