Top 8 Deadlines For Condominium Corporations: Part 2

In Part 1 of our series, we highlighted four important deadlines for condominium corporations to be mindful of, whether in its early days or thereafter. The remainder of our top 8 list is set out below:

5. Amending or terminating mutual use agreement (i.e. shared facilities agreement)

• Section 113 of the Condominium Act, 1998 (Ontario) authorizes the Corporation to apply for a court order to amend or terminate a mutual use agreement within twelve (12) months of the turnover meeting, provided that: (i) the disclosure statement did not "clearly and adequately" disclose the provisions of the agreement; and (ii) the agreement, or any of its provisions, produces a result that is "oppressive or unconscionably prejudicial."