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CONDOMINIUM ACT REVIEW - Is There A Role For Ego?
There is no doubt that condominium legislation will impact all those who have interests within the greater condominium community. All of us should feel the need to be involved in some part of the legislative review process. However, all of us should also recognize that to make this happen would frustrate the process.
In practice, I have little time for Twitter, Facebook, etc.; however, a series of Twitter exchanges were recently brought to my attention. In one, a representative from the Condominium Owners’ Association sent the following:
"Ministry prevents #CondoOwners from having representation from #CondoOwnersAssociation in Condo Act Review Expert Panel.” 
This type of comment is frustrating to a process that, without exception to my knowledge, goes over and beyond the efforts of any other Ontario government initiative in involving unit owners and stakeholders to achieve what should ultimately be a superior legislation.
When the existing legislation was introduced in bill form in 1996, there was only one grassroots owners’ association at the table. [1] This group was entirely organized by unit owners and operated on what can reasonably be described as a ‘shoestring budget’.
In reflecting upon the commentary and input that went into the current legislation, the most obvious criticism pertained to the lack of any organized representation of unit owners. This is, by necessity, the obvious stumbling block. The question that must be asked is how does one organize, educate, and bring to the table, the numerous voices of condominium owners spread across the province?
In reviewing the composition of the Experts Panel, it is difficult to find fault with it. Would I have liked to have been on the Expert Panel? Absolutely! Are there one or more individuals that I would suggest should not have been on the Expert Panel? Probably. Do I feel that unit owners are, at long last, properly represented? Absolutely! Do I feel that the Condominium Owners’ Association is the logical representative voice of condominium unit owners throughout Ontario? Absolutely not!
The Residents’ Panel, comprised of 36 individuals (including resident unit owners, board members and non-directors), was formed in a manner to match the composition of Ontario’s condominium population. This panel was heavily involved in the first phase of the legislative review process and has provided a 48 page “report card” on the Stage Two Solutions Report. In providing a voice to those who live and own condominium units, the Public Policy Forum was careful to include a range of ages, condominium types, geographic locations, interests, et cetera. The purpose was to give condominium owners and residents a voice for themselves, an endeavour which should be commended.
In the current legislative review process, what stands out as the single most important advancement is the tremendous effort taken by the government to organize, educate, fund and bring to the table unit owner representation from across the province. This type of broad-based representation cannot happen (or at least is very unlikely to happen) without the necessary organizational and financial support of government.
At this time, when there is so much to criticize (or even mock) in Canadian politics on every level, those of us who would have liked to be part of the Expert Panel should perhaps take a very large step backwards, appreciate a process that should benefit all Ontarian condominium unit owners, and say “thank you”.
[1] I had the privilege of assisting the Greater Toronto Area Condominium Association.
All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.
