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Ilenna Tai's Real Estate Knowledge Center: |
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Ontario's New Condominium Act was proclaimed on May 5, 2001
One of the
major changes in the new Act is the New Status
Certificate which replaces the old Estoppel Certificate. In brief, the
Status Certificate will now cost $100.00 (including GST) and the time
for delivery of the Status Certificate has increased from seven to ten
days. There is no longer a requirement that the person requesting the
certificate must request it on behalf of the Purchaser. Anyone can request
the certificate and the responses contained in the certificate are binding
against the Condominium Corporation. Information contained in the Status
Certificate will include:
- Any proposed substantial
additions, alterations or improvements to common element, changes in
assets of the corporation (current requirement) or changes in a service
of the corporation;
- Any agreement between
the owner and the corporation regarding alterations made to the common
elements by a unit owner;
- Any amounts, if any, that
the Act requires be added to the common expenses payable for the unit;
- A list of all agreements
for: (a) Management; (b) The provision of goods and services on a continuing
basis (not including telecommunications agreements); (c) Services and/or
facilities for which owners pay an extra fee; (d) Leases of all or part
of the common elements for business purposes; (e) The mutual use, provision,
maintenance or cost-sharing of facilities or services entered into by
a declarant board; and (f) Insurance trust;
- A statement of all
outstanding judgements against the corporation and the status of all
legal actions to which the corporation is a party;
- A copy of the budget of
the corporation for the current fiscal year, the last annual audited
financial statements and the auditor's report on the statements;
- The most recent reserve
fund study and updates to it, the amount in the reserve fund no earlier
than at the end of a month within 90 days of the date of the Status
Certificate and current plans, if any, to increase the reserve fund;
- Number of units, for
which the corporation has notice of lease;
- Any appointment of an inspector
or administrator;
- Copies of any applications
to court for orders amending the declaration;
- Any additional requirements
imposed by the regulations.
In addition, if a Status Certificate
that a Corporation has provided omits material information that it is
required to contain, it will be deemed to include a statement that there
is no such information.
While the preceding highlights
only some of the information contained in Section 76 - Status Certificate
of the New Condominium Act, you may contact the Ministry of Consumer and Business Services at (416) 326-8555
or toll free 1-800-268-1142 for the act in its entirety and additional information.
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