Toronto – Tarion is seeking public input on proposed changes to three condominium related bulletins to enhance reporting obligations for builders before and during construction, allow for earlier identification and resolution of warranty defects, and better support condominium corporations in their role of managing the condominium.
These documents set out the key process for warranty claims made by a Condominium Corporation for Common Element (CE) issues and how condominium corporations can seek assistance from Tarion, as well as the builder obligations and reporting requirements both before and during construction.
Registrar Bulletin 02 (RB02) sets out the process for how condominium corporations submit statutory warranty claims for Common Elements, establishes timelines within which builders must respond to and resolve claims, and the role of Tarion in the process. This process helps condominium corporations in their role while providing structure and allows for the efficient scheduling of trades and repair appointments for builders.
Tarion is consulting on proposed changes, including updating RB02 to:
- Improve the Emergency Process for health and safety related matters by outlining a clear process including adding a meeting with all parties to review the emergency and abridging timelines if required,
- Provide new information and clarification on decision letters, repair agreements, claims resolution, and the emergency process to ensure all parties understand the warranty process,
- Better support Condominium Corporations by explaining how a warranty claim should be submitted and identified, and the condominium corporation's warranty responsibilities to help streamline the warranty claim process,
- Include guidelines for updating the Performance Audit Tracking Summary (PATS), specifically a new regular 90-Day update to encourage collaboration and communication between all parties.
Registrar Bulletin 18 (RB18) outlines the reporting requirements for builders related to a residential condominium conversion project, including the approval process, eligibility for coverage, and the condominium corporation fund for pre-existing elements.
Registrar Bulletin 19 (RB19) sets out the requirements for reports and information that builders of condominium projects must provide to Tarion, to mitigate warranty claim risk during the design and construction of a new condominium project. The RB19 process helps to ensure issues are addressed during construction, improving the quality of the finished condominium and minimizing the potential for costly warranty claims and issues for the purchaser after construction.
Tarion is consulting on proposed changes to RB18 and RB19 to, including:
- Creating a new requirement for a third-party commissioning report related to mechanical and plumbing equipment, and additional reporting requirements on Field Review Consultants (FRCs) related to the building envelope and internal containment to improve the quality of new condominium construction and better protect Condominium Corporations from possible issues after registration,
- Improving FRC qualifications and performance by better defining FRC qualifications, how Tarion grants and reviews FRC status, and clarifying the FRCs role and mandate by creating a governance agreement for FRCs and new reporting requirements enhance the FRC’s ability to have concerns addressed sooner and reduce possible defects,
- Building flexibility into the bulletin to allow Tarion to adjust risk areas and ensure homeowners continue to receive well built homes as project types, technology, building materials, and/or practices change, and Enhancing RB18 to address gaps in the current bulletin including new testing and surveys during construction, and clear language for requirements for condominium conversion projects.
You can find more details of the changes in the consultation page and discussion guides here.
Please review the questions in the consultation discussion guides and submit any feedback on the proposed changes to submissions@tarion.com by September 9, 2024.
About Tarion
Tarion is an independent, not-for-profit, consumer protection organization designated by the provincial government to administer the Ontario New Home Warranties Plan Act (ONHWPA). Tarion provides education, warranty support and dispute resolution services to Ontario’s new home buyers and builders and has been providing consumer protection to Ontarians since 1976.
For media requests please contact:
Andrew Donnachie
media.inquiries@tarion.com