Proposed amendments to the Condominium Act, 1998 (the Act) and Ontario Regulation 179/17 are on the table for stakeholder feedback, and Ontario’s Condominium Authority Tribunal (the CAT) is expected to expand its jurisdiction further. These changes will bring new opportunities and challenges for owners, condo boards, and condo managers.

Since its launch in 2017, the CAT has evolved from a niche dispute resolution forum to a central pillar in the province’s condominium governance and dispute framework. Initially tasked with handling only records-related disputes, the CAT currently oversees a broader range of issues that affect the daily operations of condo communities.

The CAT and its current scope

The CAT is Ontario’s first fully online dispute resolution body, designed to provide a more accessible and cost-effective alternative to court proceedings. The CAT uses a three-stage process: Phase One: “Negotiation”; Phase Two: “Mediation”; and finally, Phase Three: “Adjudication”.

The CAT has steadily expanded its reach over the last few years. While it initially handled only disputes related to access to condo records, as of the date this article, its jurisdiction has expanded to include:

• Disputes regarding condo records;
• Noise, vibration, light, odour, vapour, smoke, and nuisance complaints;
• Provisions in the governing documents (declaration, by-laws or rules) about unreasonable nuisances;
• Disputes involving pets, vehicles, parking, and storage; and
• Disputes related to indemnification and chargebacks related to the above disputes.

It appears that the CAT’s jurisdiction may be expanding again soon, although the exact timeline is still unclear. This next expansion is expected to be in an area that lies at the heart of the operation and governance of every condo community: owners’ meetings.

The proposed amendments to the Act and regulations: what might change

The Ministry of Public and Business Service Delivery is currently reviewing proposed amendments to the Act which, if passed, would allow the CAT to hear disputes relating to how owners’ meetings are conducted. If enacted, the CAT could hear disputes involving:

• Requisition meetings;
• Timing and procedures for calling meetings;
• Validity of meeting notices;
• Quorum; and
• The voting process.

These proposed amendments aim to improve access to justice and reduce reliance on costly court proceedings. It is fairly easy and low cost to start a CAT claim. As a result, an expanded CAT jurisdiction is expected to lead to a rise in applications and greater scrutiny of procedural steps and the decisions of the board and the chair of the meeting.

A double-edged sword?

The proposed amendments to the CAT’s scope of jurisdiction could be a double-edged sword for condo communities. On one hand, this change could empower owners to raise legitimate concerns about governance in a way that is affordable and accessible. It also reinforces the importance of accountability and transparency in how meetings are run. There are circumstances where minority owners or non-board member owners may have legitimate complaints about how meetings are called and run. There may also be boards and managers that do not know or understand the rules of procedure to properly call and run an owners’ meeting.

Increased scrutiny and decisions from the CAT may provide guidance and direction to condo corporations across the province, but this will likely be at a significant cost for the corporations that are required to respond to these applications.

In addition, the increased oversight and potential for litigation is likely to bring higher administrative workloads for managers and boards that are already faced with heavy workloads and not enough qualified candidates. There is also a risk that unhappy unit owners will use the CAT as a way to challenge every unsatisfactory outcome or bring these applications to challenge the meeting process because they are unhappy with the substance of the decision.

The costs of the CAT process may not be limited to the costs to respond to the appeal, but there could be delays in operational and financial decisions. For example, a unit owner that has voted against a borrowing by-law may appeal to the CAT because they are unhappy with the result of the election. This could cause some unnecessary and potentially very expensive delays to the condo corporation’s ability to move forward with the loan or the proposed construction.

Depending on the timing of when an appeal can be brought to the CAT, this could lead to circumstances where a condo board believes that a decision is final, for example, that a borrowing by-law is approved at the owners meeting and the corporation enters into an agreement with a contractor as a result. Only later, after the by-law is registered and the loan is in progress, does an owner appeal the meeting and the vote.

If the CAT’s jurisdiction is expanded, condo boards, managers and individuals appointed to chair meetings will need to be more vigilant. Proper procedures and thorough preparation for owners’ meetings will be key to avoiding challenges before the CAT and to effectively respond to any challenges.

Best practices for owners’ meetings

Whether or not the proposed amendments are passed, now is the time for condo corporations, managers and other condo professionals to sharpen their governance practices.

Here are five key tips to help boards prepare for the possibility of increased scrutiny.

1. Understand and Follow the Notice Requirements

Condo boards must send two notices before any owners’ meeting, as required under the Act. First, a Preliminary Notice (per s. 47(1)(c)) must be sent at least twenty (20) days before the formal meeting notice. This timeline gives owners a chance to submit material for possible inclusion. Exceptions apply for requisitioned meetings under s. 46, in this circumstance only 15 days are required. The second notice, which is the official Notice of Meeting must be sent at least 15 days before the scheduled meeting (be mindful of service timelines, if being sent via regular mail or electronically).

Use the prescribed forms and stick to the deadlines. Make sure that you understand what documents need to be included in the meeting package and that you know if your condo corporation has specific requirements for documents to be included or rules about service of documents.

2. Become Confident in Your Application of the Corporation’s Bylaws

Whoever chairs the meeting, whether a condo lawyer, paralegal, condo manager or member of the condo board, ensure that they are familiar with the procedural requirements. This includes: how to manage disputes or points of order, how to review proxies, and how to apply the rules fairly.

The most well-known and commonly used rules of order for meetings are “Robert’s Rules of Order” or “Nathan’s Company Meetings.” For condo corporations, the general operating by-law may establish what rules of order must be used. While the material may be a bit dry in nature, understanding how to run a proper meeting is vital for the operation of a successful condo corporation.

3. Maintain Transparency During Elections

Be prepared to explain how ballots are counted, who can be a scrutineer for counting those ballots; and, how proxies are verified. A poorly handled election is expensive and can trigger suspicion, reducing the owners confidence in the Board.

4. Be Prepared and Stay On Track (The Agenda is your Friend)

The most effective owners’ meetings start with solid preparation.

Board members should meet ahead of time to review the agenda, clarify key items, determine who will speak on each item, set realistic speaking times, and ensure all members are on the same page. This avoids last-minute confusion, boosts confidence and helps the meeting run smoothly.

Once the meeting begins, follow the agenda as distributed. Once a meeting is “duly convened,” meaning the chair has confirmed that both notice and quorum requirements have been satisfied in accordance with the corporation’s governing documents, the chair should move through the agenda items in an organized manner. Avoid letting individual issues or side conversations derail the flow of your meeting. A clear, well-managed agenda keeps the meeting focused, fair, and efficient for everyone involved.

5. Seek Legal Advice Proactively

Getting legal advice early is one of the best ways to keep condo meetings on track.

Whether it’s about meeting rules, owner requests, or tricky parts of the Act that may require some interpretation, a quick check-in with a condo lawyer or paralegal can save time, money, and stress down the road. Being proactive with any potentially legal issue helps the condo board stay compliant, avoid mistakes, and make confident, informed decisions for their community. Think of it as a smart step to prevent disputes and manage risks, not a last resort.

With the CAT’s scope potentially expanding, condo boards and managers are entering a new era of scrutiny and accountability. Solid governance is not just about ticking boxes, it is about building trust and avoiding costly disputes.

By embracing best practices now, boards and managers can minimize disputes, build owner confidence, and keep their communities running smoothly. After all, a well-organized meeting is more than good governance, it’s the most effective way to avoid a scratchy situation with the CAT.

Laura Gurr is a partner with Cohen Highley LLP in London. Cohen Highley LLP has offices in London, Kitchener, Chatham, Sarnia, Stratford and Strathroy. Laura provides risk management and regulatory compliance advice to condominium corporations, unit owners, and property management companies.

Megan A. Alexander is a licensed paralegal who works within the Commercial Litigation and Multi-Residential Housing Groups at Cohen Highley LLP in London, Kitchener, Stratford, Strathroy and Windsor. Ms. Alexander’s main areas of practice are within the Ontario Small Claims Court (including enforcement) and the Condominium Authority Tribunal (CAT).