Date: April 30, 2024
Attention:
The Hon. Doug Ford, Premier of Ontario
The Hon. Doug Downey, Attorney General of Ontario
The Hon. Todd McCarthy, Minister of Public and Business Service Delivery
The Hon. David Piccini, Ministry of Labour, Immigration, Training and Skills Development
RE: Un-Proclaimed Amendment 135.1 of the Condominium Act
Gentlemen,
We are writing to you on behalf of the members of the Association of Condominium Managers of Ontario (ACMO), a community of 1,845 professionals across Ontario with an unwavering commitment to serving the 1.7 million Ontarians who live in condominiums. ACMO and our members are deeply committed to ensuring a safe, harmonious, and thriving environment for the communities we serve. It is in this spirit that we reach out to you regarding the immediate need to proclaim amendment 135.1 of the Condominium Act to address this critical concern of welfare and safety.
Un-proclaimed amendment 135.1 of the Condominium Act, 1998, S.O. 1998, C. 19 reads as follows:
135.1 (1) Despite subsections 134 (3) and 135 (3), the court shall not, under either of those subsections, make an order that requires a person to vacate a property permanently unless the court is satisfied that,
(a) the person is in contravention of subsection 117 (1) and poses a serious risk,
(i) to the health and safety of an individual, or
(ii) of damage to the property or the assets, if any, of the corporation;
(b) in respect of an order under subsection 134 (3), on the basis of the person’s acts of non-compliance,
(i) the person is unsuited for the communal occupation of the property or the communal use of the property, and
(ii) no other order will be adequate to enforce compliance; or
(c) in respect of an order under subsection 135 (3), on the basis of the person’s conduct,
(i) the person is unsuited for the communal occupation of the property or the communal use of the property, and
(ii) no other order will be adequate to prohibit the conduct. 2015, c. 28, Sched. 1, s. 118.
Exception
(2) A person is not entitled to apply for an order described in subsection (1) against a tenant of a unit if the person is a landlord, within the meaning of the Residential Tenancies Act, 2006, in respect of the unit. 2015, c. 28, Sched. 1, s. 118.
Addition to common expenses
(3) If a corporation obtains an award of damages, compensation or costs against an owner or occupier of a unit in an order made under subsection 134 (3) or 135 (3), the damages, compensation or costs, together with any additional actual costs to the corporation in obtaining the order, shall be added to the contribution to the common expenses payable for the unit. 2015, c. 28, Sched. 1, s. 118.
Additional costs of owner
(4) If an owner of a unit obtains an award of damages, compensation or costs against a corporation in an order made under subsection 134 (3) or 135 (3), the owner is entitled to recover from the corporation the amount of the award, together with any additional actual costs to the owner in obtaining the order. 2015, c. 28, Sched. 1, s. 118.
Set-off against common expenses
(5) If the corporation does not pay the amount an owner is entitled to under subsection (4) within the prescribed time, the owner may set off the amount against the contribution to the common expenses payable for the owner’s unit. 2015, c. 28, Sched. 1, s. 118.
The amendment, as designed, is a pivotal piece of legislation that introduces a legal framework to allow for the removal of individuals from condominium properties, whose actions pose serious risks to others.
Given the recent increase in violence toward property managers and directors we believe this piece of legislation is paramount to the safety of all residents (1.7 million Ontarians), Directors (approximately 50,000) and staff working in condominium buildings across Ontario. Following the tragic mass shooting at the Bellaria Residences in Vaughan and murder of 5 individuals, including board directors, there has been minimal response from our legislative assembly. We believe proclaiming this amendment is a simple and positive step forward in mending legislation to better protect Ontarians facing exactly the kind of challenges faced by Bellaria prior to the appalling violence that befell their community on December 18, 2022.
Given that Condominium Governance is not always a pleasant experience, Directors, management, and staff working in buildings are constantly put in volatile situations where they’re at risk. This amendment is not just a legislative change; it is a beacon of hope for countless condominium communities across Ontario, to deal with extreme cases. Currently the only avenue we have is through the courts; a process which could take anywhere from 2-5 years.
We believe this amendment should be expedited similar to the safety legislation passed during the COVID pandemic, where the Government demonstrated its power to make essential changes in a short time frame.
We understand the complexities and challenges associated with legislative process, and that several amendments are coming up in 2025, we strongly believe that the time to act on Amendment 135.1 is now. In our commitment to ensuring a safe living environment for our residents, we have taken numerous steps to mitigate risks and promote harmony. Yet, without the legal backing provided by adding Section 135.1, our efforts can only go so far. The proclamation of this amendment would empower condominiums to take decisive actions against those who jeopardize the safety and harmony of our living spaces.
The amendment, as designed, is a pivotal piece of legislation that introduces a legal framework to allow for the removal of individuals from condominium properties, whose actions pose serious risks to others.
Given the recent increase in violence toward property managers and directors we believe this piece of legislation is paramount to the safety of all residents (1.7 million Ontarians), Directors (approximately 50,000) and staff working in condominium buildings across Ontario. Following the tragic mass shooting at the Bellaria Residences in Vaughan and murder of 5 individuals, including board directors, there has been minimal response from our legislative assembly. We believe proclaiming this amendment is a simple and positive step forward in mending legislation to better protect Ontarians facing exactly the kind of challenges faced by Bellaria prior to the appalling violence that befell their community on December 18, 2022.
Given that Condominium Governance is not always a pleasant experience, Directors, management, and staff working in buildings are constantly put in volatile situations where they’re at risk. This amendment is not just a legislative change; it is a beacon of hope for countless condominium communities across Ontario, to deal with extreme cases. Currently the only avenue we have is through the courts; a process which could take anywhere from 2-5 years.
We believe this amendment should be expedited similar to the safety legislation passed during the COVID pandemic, where the Government demonstrated its power to make essential changes in a short time frame.
We understand the complexities and challenges associated with legislative process, and that several amendments are coming up in 2025, we strongly believe that the time to act on Amendment 135.1 is now. In our commitment to ensuring a safe living environment for our residents, we have taken numerous steps to mitigate risks and promote harmony. Yet, without the legal backing provided by adding Section 135.1, our efforts can only go so far. The proclamation of this amendment would empower condominiums to take decisive actions against those who jeopardize the safety and harmony of our living spaces.
Eric Plant, President ACMO
cc.
Erika Soler, Director of Issues and Legislative Affairs, MPBSD
Chris Poulos, Dir.of Operations, Legislative Affairs, Issues and Priority Initiatives, MLITSD
Marit Stiles, Leader, New Democratic Party of Ontario; Leader, Official Opposition
Bonnie Crombie, Leader, Liberal Party of Ontario
Mike Schreiner, Leader, Green Party of Ontario
