Province has failed to follow through on promises to crack down on practices that can boost common expenses charged to new condo buyers
Ontario has failed to follow through on commitments it has made over the last eight years to crack down on practices that can artificially boost the common expenses charged to buyers of new build condos.
One method developers have used to hide costs is a practice where builders create apartment units for superintendents or guest suites, and then force the incoming condo corporation to buy that unit. In a 2019 case pitting Toronto Standard Condominium Corp. No. 2051 and builder Georgian Clairlea Inc., the Court of Appeal for Ontario upheld a ruling that the 112 owners at the Clairlea Gardens project in Toronto should not be forced to pay large sums imposed on them by the builder.
One such unproclaimed section is 26.1, which would ban a builder from having a newly created condo corporation buy accessory units until there was an owner-elected board in place to ratify such a decision. A number of new additions to the Condo Act were passed and proclaimed in 2020 in a COVID-19 measures package that allowed for, among other things, electronically hosted virtual meetings. Mr. Rakocevic is a supporter of consumer-friendly moves such as expanding the Condominium Authority Tribunal to include more types of disputes and to make it cheaper for owners to get a hearing on legal conflicts in their buildings.
The Auditor-General described a case where a condo board said there was a 38-per-cent increase in the condo fees collected from owners from the first to the second year, rising from $678,000 to $935,000. Among the budget items not disclosed in the first budget was an annual elevator maintenance contract of $15,000 and annual mortgage payments of $40,000 for a guest suite the condo corporation was forced to buy.
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