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From the Fall 2025 Issue

The Ongoing Evolution of a Statute-Creature

The Future of Condominium Management

Feature || John Recker, RCM

Words like “crisis” and “critical” appear regularly in conversations about condos, sometimes so often that they start to lose meaning. Yet it’s fair to say that something is shifting in the way these communities are managed. Across Canada and in other parts of the world, recent legislative changes suggest a growing emphasis on structure, transparency, and planning. The focus is not about reinventing how boards operate but about reinforcing an approach that takes a longer view of the building’s (and community’s) future, and the collective responsibilities that come with shared ownership.

Part of what makes condos distinct, and why their governance matters so much, is that they are creatures of statute. They exist because provincial legislation allows individual ownership within a collective property framework. So, owners' rights are inseparable from obligations to the group, and those obligations are exercised through democratic processes at the board level. When that structure works well, it supports both property values and community well-being. When it falters, the effects ripple widely. That reality is shaping a trend in legislation that favours more predictability and clearer accountability in how condominiums are managed.

Quebec offers one of the most recent illustrations of this shift. Amendments to the Civil Code, set to take effect in August 2025, will require syndicates (condominiums) to obtain a contingency fund (reserve fund) study every five years, prepared by a qualified professional. Previously, boards in Quebec were only required to save 5% of their annual budget for contingency. Reserve contributions are expected to follow recommendations the study provider makes, reducing the room for purely discretionary decision-making. A mandatory maintenance logbook, updated annually and reviewed regularly, will also become part of the Quebec syndicate governance landscape. Together, these measures aim to formalize practices of planning based on data and maintaining records that outlast individual board or management terms.

Alberta has moved in a different direction, favouring flexibility while still adding new guardrails. Since 2020, corporations have been required to adopt a Standard Insurable Unit Description (similar to Ontario’s Standard Unit By-law), clarifying which elements fall under corporate insurance and which remain an owner’s responsibility. Boards can also recover up to $50,000 in insurance deductibles if damage originates in a unit, even when there is no fault. Virtual meetings and electronic voting are now permanent options, introduced during the pandemic and retained for convenience. The Alberta Condominium Property Act also establishes a tribunal for resolving condo disputes, and it clarifies chargebacks to unit owners. These changes do not dictate how much a board sets aside in its reserve fund, but they point to an interest in making governance both clearer and more responsive.

British Columbia’s 2022 update focused on financial planning, but with an eye to cost. Depreciation reports, previously required every three years, are now mandated every five. The change has sparked debate. Some argue that longer intervals risk leaving communities with outdated information, especially as building systems age and costs fluctuate. Others see the five-year cycle as a reasonable compromise that preserves oversight without imposing unnecessary expense. The discussion itself is telling because it raises a question every jurisdiction wrestles with: how to balance thorough planning with practical realities.

Looking beyond Canada, the picture broadens. While many areas of the USA have crafted condos with a relatively laissez-faire set of statutes, the Surfside collapse in 2021 served as a turning point, leading to reforms that make structural inspections and reserve funding mandatory for specific building components. Starting in 2025, Florida condos will no longer be able to waive or reduce contributions for structural-related items. These measures respond to a particular event but also illustrate the underlying shift in view that plans for a building’s health and no longer leave decisions about structural safety to preference.

Japan is addressing the issue of aging and dilapidated condos by revising its laws to make it easier for owners to dissolve condominium corporations and pursue redevelopment. With many properties from the post-war building boom nearing the end of their useful lives, requiring near-unanimous consent for termination had become a barrier to action. Lowering that threshold acknowledges that lifecycle planning involves more than maintaining what exists; it also includes making decisions about when reinvestment stops being practical.

Seen together, these developments hint at a trend. Whether the focus is funding adequacy, transparency, professional standards, or even the mechanics of redevelopment, the movement is toward governance systems that reduce uncertainty and make obligations more transparent. None of these paths looks identical, and there is no single model that fits every community. Still, the common theme is a desire to align decision-making with long-term realities rather than short-term convenience.

For Ontario, these examples may not signal immediate changes, but they offer context for conversations already happening among boards, managers, owners, and the provincial government. Some corporations here already commission reserve studies more frequently than required, maintain detailed maintenance logs, and explore digital tools for planning and communication. Others may be weighing similar steps, not because the law insists on it, but because doing so provides clarity and reduces risk.

Condominiums have always been more than a form of housing. They represent a balance between private ownership and collective governance, and that balance depends on processes that anticipate the future rather than react to the present. The legislative changes happening elsewhere do not prescribe what Ontario will do next, but they do underline a simple idea: thinking ahead may not prevent every challenge, but it can make the road ahead a little smoother for the communities that choose to do it.

Condominiums, after all, are creatures of statute, and like any living thing, their health depends on the systems that sustain them. Laws and practices may evolve, but the goal remains the same: to keep these communities not only standing but thriving in the habitats we call cities.


John Recker, RCM is a condo community manager and social media manager at the Meritus Group Management Inc. and serves as Member at Large on the Board of the Association of Condominium Managers of Ontario (ACMO). A devoted husband and father, John is an advocate for mindful condo management and collaborates with industry peers, regulators, and professional associations to enhance the professionalism and safety of condo boards and managers. He is passionate about creating educational resources that empower condominium boards and managers and strengthen the condo industry.
themeritusgroup.ca

 


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