Proposed change to Bill 106: Protecting Condominium Owners Act

Dear Members of the Ottawa Condominium Community,

At the CCI-EO Annual General Meeting held on October 15, 2015, attendees were notified of a proposed change to Bill 106: Protecting Condominium Owners Act which would eliminate the use of a by-law to extend the circumstances under which the Corporation can charge back the deductible, and instead requires that this be included in the declaration. As explained in the brief since May 2001 several Condominium Corporations have passed Insurance Deductible By-laws. The brief further notes, “The replacement of the use of a by-law to affect this practice with the need for a declaration amendment poses a huge burden on condominiums. Many existing corporations do not have this provision in their declaration and getting the required consent to amend their declaration may prove impossible. This will in many cases simply defeat the opportunities and advantages of such by-laws.”

Owners, Board Members and Property Managers are encouraged to submit their written objection to this amendment by 6:00 pm on October 29, 2015 to kkoch@ola.org. We invite you to use the provided wording for your submission.

For a copy of the Legislative Brief, please contact our office.

Board of Directors
CCI-EO

Suggested Wording:

Date: _________________________

We, the owners of (Name and Condo Corporation Number) or Member of the Condominium Community (Property Manager) (insert which best represents you), object to the proposed governance change made to Bill 106, Section 105 (4) related to Insurance Deductible By-law. We respectfully urge that recommendations made in Legislative Brief, Recommendations for Amendments to Bill 106: Protecting Condominium Owners Act submitted October 22, 2015 by the Joint Legislative Committee for the Canadian Condominium Institute (CCI) and Association of Condominium Managers of Ontario (ACMO) be implemented as noted below:

Pages 3 & 4, Issue Sheet No. 3, Governance, Insurance Deductible By-law Retain section 105(3) as drafted in the current Act; Delete section 105(4) from the amended Act; and Additional Note: The Regulations should also make the owner liable under 105(2) for damage caused by an act or omission of the owner and his/her tenants, guests, invitees, licensees and agents.

Signature: _____________________

Regards,