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Have BY-LAWS ( to download deductibles for 'BELOW BLAMEWORTHY' DAMAGE ) survived ? 2018/11/30 21:05  
Previous items here have pointed to valid concerns raised about the status of pre-existing Ontario condo BY-LAWS ( enacted under original changes effective May 4/5 2001 ) for downloading 'below blameworthy' etc master/corporate insurance deductibles onto certain individual owners.

Raising those concerns to the Ontario legislative Committee Hearings ( into condo law amendments ) included some highly respected condo lawyers like Ottawa's Jim Davidson & Toronto's Pat Greco.

The Committee however apparently sped by, apparently ignoring or unconcerned that - whenever eventually implemented ? ! - the revised section 105 MIGHT arguably erase all forms of blanket downloading beyond BLAMEWORTHY DAMAGE scenarios, unless enacted by full Declaration amendment.

That is, a DECLARATION-entrenched provision would be needed to download such deductibles other than for blameworthy damage (under a new statutory default scenario).

eg my professionally installed brand new dishwasher breaches & floods causing damage to other units & the common elements. The damage is not blameworthy . .

So where - if at all - did that leave existing MERE BY-LAWED DOWNLOADING ?

At the very least would the mere by-lawed downloadings ( after May 4/5 2001 ) now be totally obsoleted & "spent" as soon as the revised section 105 was to be implemented ? Just like every other no longer valid provision contrary to the most current revised provision of a typical statute ?

Provincial regulatory tinkering arguably appeared disorientated in beginning to realize the uncertainty for governancers & owners alike . . . Well . . .

1 - As of November 30 2018 part of the answer may be the province's E-laws website still displays that the insurance deductible amendments - BY DECLARATION provision - have not yet been implemented !

Will the new provincial government even be doing so ?

2 - But recently the Toronto Star's venerable condo law columnist lawyer Gerry Hyman, has advised a reader on Oct 20/18 that she could not - merely on the strength of a deductible by-law - now be hit by "downloading" without blameworthiness.

Totally without a Declaration provision management had reportedly purported to download the master deductible ( after her shower leak ) merely on the basis of an existing by-law. Well worth a read & some more thinking . . .

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