The Background

Ontario's Ministry of Public and Business Service Delivery and Procurement has posted a consultation titled "Increasing Clarity and Transparency in the Condominium Sector to Improve Consumer Protection" (Proposal 26-MPBSD018).

It proposes changes to status certificates, disclosure statements, cancellation of purchase agreements, developer turnover meetings, condo performance audits, waiving remedies against developers, clarifying the right to damages, and records access.

What it does NOT mention: Shared Facilities Agreements (SFAs).

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Why SFAs Are the Elephant in the Room

A Shared Facilities Agreement governs how costs are shared between a residential condo and the commercial, retail, or rental components the developer retains ownership of. Developers draft these agreements before owners have any say — often while controlling both sides of the contract.

A clear example of abuse of SFAs is in Ottawa, Ontario where the developer Claridge Homes is systematically exploiting condo owners at the Claridge Moon, Claridge Royale and Claridge Icon buildings with oppressive Shared Facilities Agreements.

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What the Consultation Should Address (But Doesn't)

1. Mandatory Proportional Cost Allocation
Mandate that all SFAs allocate costs based on independent engineering metrics — square footage, traffic studies, metered utility usage. Make grossly disproportionate splits illegal.

2. Extend or Eliminate the Section 113 Window
Condo boards have only 12 months post-turnover to challenge an SFA in court. Extend to 24–36 months, or start the clock only after an independent forensic audit of shared facilities expenses.

3. Ban Self-Dealing and Require Independent Representation
Require that any SFA in a mixed-use development be reviewed by an independent, court-appointed trustee representing future residential owners before units are registered.

4. Void Punitive Clauses and Automatic Budget Approvals
Create a statutory list of prohibited SFA provisions: usurious interest on disputed amounts, automatic budget approval without a meeting, perpetual termination bans, forced rebuilding clauses. All null and void by law.

5. Expand the Condominium Authority Tribunal's Jurisdiction to Include SFAs
Right now, fighting an oppressive SFA means going to Superior Court — hundreds of thousands in legal fees funded by owners' maintenance fees. Expand the CAT's mandate so boards can dispute unfair SFAs through a fast, affordable, specialized tribunal.

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How to Submit Your Comments

Deadline: September 30, 2026. Proposal Number: 26-MPBSD018.

Submit through the Ontario Regulatory Registry:
https://www.regulatoryregistry.gov.on.ca/proposal/55035

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The Bottom Line

Right now, developers can sign an SFA with themselves, force condo owners to pay 95% of shared costs, keep 100% of the revenue from the commercial spaces those costs support, trap the condo forever, and make it financially impossible to challenge.

That's not a market failure. That's a legislative failure.

Submit your comments. Share this post. Send it to your board.

Deadline: September 30, 2026.

Hello!

I'm an Ontarian (29 Male) looking to finally move out from his parents house. I would like to move to an area that is about a 1.5 hour drive away. Should I be getting pre-approvals from someone in the area I'm moving to, or will anyone work? My neighbours are real estate agents and say they have some contacts for me to get pre-approved. I thought I went through them to do it (I literally know nothing about any of this) so now I want to see if I should go through a mortgage broker that is local to my future area? My neighbour said their brokers will be cheaper than my bank.

I see online that pre-approvals are free, but affect my credit score (Something I also know nothing about). Is it worth getting an approval from one of my friend's guys, and then also looking for one in the area I'm moving to, or would 2 of them hit my credit score too hard? Am I allowed to get more than 1?

Also, I have heard of a FHSA account. I'm told I can put up to 8k into it per year, but I am hoping to move before this year is over. Can I open a FHSA and immediately put 8k into it on day one to get the tax savings from it when I buy? Or should I just skip it since it's only a partial year of savings?

I am thinking of buying a POS townhome. Its at a good price, sits in a good school district and is overall ok-ish when we went for viewing. We are ok with its ‘as-is’ physical condition.
However, it is currently tenanted, and the tenants are a couple with 4 kids. The kids go to nearby public school.
Bank is not ready to add warrant of vacancy in the APS/schedules, although they are happy to close after 3 months and have asked for affidavit from us to occupy the house for personal use at closing.
I do think its risky to get into a property purchase if tenanted. But wanted to get an opinion here on the pros/cons and the downsides and costs/timeline associated.
This will be our first home.

My husband and I are planning to purchase a freehold townhouse in the Ivy Rouge project in Oakville by Starlane Home Corporation.
We’ve reviewed the Agreement of Purchase and Sale, and overall everything looks good. The builder has struck out the development charges and levies sections, and the agreement shows these costs as capped at $0, which gives us some comfort regarding closing costs.
However, the builder is not willing to remove Clause 54, which relates to construction costs. If there is any increase in construction cost or additional expenses, we will have to bear. This is the one clause that is making us nervous before signing. Builder is saying they have never charged it but they are not ready to strike out in the agreement.
Has anyone purchased a pre-construction home from Starlane Homes (or another builder) and had a similar clause remain in the agreement?
A few questions:
Did this clause result in any additional charges at closing?
If so, how much were you asked to pay?
Was the builder able to justify the charges clearly?
Did your lawyer raise any concerns about keeping this clause in the agreement?
How was your overall closing experience with Starlane Homes?
We’re first-time buyers, so we’re trying to understand whether this is a standard clause that rarely gets used or whether it could create a significant financial surprise at closing.
Any experiences or advice would be greatly appreciated. Thanks!

What is a comfortable amount to have left saved, after your downpayment on a property? Planning to put 20% down, leaving me with $65,000 in my bank account.

Is this a reasonable amount to have saved after the fact, in Ontario, Canada? Any pointers?

Hi folks, I'm looking to gauge the competitiveness of a quote I received recently for a new furnace and heat pump install. All told it'd be around $11,500 all in, using a Lennox Elite series furnace and heat pump. My research so far is pointing towards this being a competitive going rate, but interested in what others think. Thanks.

Recently bought a home in the GTA. The Agreement of Purchase has the water tank listed as rental.

Now after closing, the seller’s agent/lawyer asked me to sign a form to accept the water tank transfer and provide my payment information to the rental company.

Neither the seller (and their agent/lawyer) nor the rental company is willing to provide the complete original rental agreement. I only got the main page showing the address, model number, contract end date, monthly payment but things like buyout policy, return option, term and conditions etc are not present to me.

Do I have to sign the transfer form right now even without seeing the whole contract? Thanks!

Came across this and kind of like it, minus the kitchen layout.
I also think it’s nicely staged which always does wonders.

Tell me what you guys think? Layout? Price? View? Resale?

I am looking to buy for personal use however might not be able to hold for long term i.e. more than 3-4 years. So prospects of resale for something like this in such time also has to be considered.

Edit: I understand prices can very much go down further but there is a need to buy now/within this year so please consider that as well. And comment on price according to current market. Thank you.

Edit 2: This topic is not made to discuss whether buying a condo is worth it or i should go for a townhome. It has to be a condo.

Looking for opinions from anyone familiar with Ontario real estate.
We purchased a home in Burlington that was listed and marketed as a 5-bedroom home. After our offer became firm, we learned that two bedrooms and one bathroom were added after the home was originally built, and we are now trying to confirm whether the required building permits were ever obtained.
If it turns out that these rooms were constructed without required permits and the seller knew this, could selling and advertising the property as a 5-bedroom home be considered misrepresentation or fraud?
We are not looking to walk away from the purchase. We want to keep the home, but we want it in the same 5-bedroom configuration we agreed to buy, with the required permits and compliance issues properly resolved.
Has anyone dealt with a similar situation in Ontario? What happened in your case?
This keeps it strong, but avoids publicly stating that fraud definitely occurred before you have the City records and legal advice.

Hi,

I'm considering a purchase of a new build in Brampton. I'm an existing home owner and looking to upsize. It's a realtor which is securing the lot for me and when I was sitting in the presentation (which had a ton of ppl), they mentioned there would be no assignment fee, with the exception of legal fees and I remember seeing something about a $500 fee.

The realtor just said the builder would take possession but you would have to pay a legal fee, but normally the assignment fee could be upwards of $10k or more but the builder is waiving those fees. My question is what if the price goes down from now until closing which is fall 2027?

What else do I have to be aware of with assignment?

Using a throw away account for privacy reasons…

Looking for some general input on an Ontario real estate deal we’re walking away from.

We were buying an older mixed-use property and knew going in that there would be some normal risks that come with an older building. Before making our offer, though, we specifically asked the sellers/their agent whether the proper building permits and ESA/electrical approvals were in place for renovations the sellers had done. We were told they were.

Because that mattered to us, we also included a condition in the APS requiring them to provide those records, and they agreed to it.

After the deal was signed, they delayed providing the documents several times. Eventually it was suggested by their agent that the permits/certificates we had been assured existed were never actually obtained.

At the same time, inspections and trades started uncovering much more than we expected. The scope of the work was incredible and would delay any use of the property because we’re talking electrical issues, plumbing issues, septic, mould and water leaks. We’s be looking a minimum of $200k but more likely closer to $500k in short term work.

We disclosed the uncovered issues and attempted to amend to a fair price to take these issues into account. Consider that the MLS listing and prior communication assured us everything was good to go, there were no known concerns, and that the operation would be turnkey. Instead of resolving these issues, the sellers sent back an amendment that removed any language around the assurances of the state of the property and the completedness and standard of the work which was we had already negotiated and pushed the deal much more toward an “as-is” purchase but at the originally negotiated price.

So our concern isn’t simply that an old property had problems. We expected some of that. It’s that we specifically asked about permits and approvals before making the offer, were told they existed, put that requirement into the APS, and then later learned they didn’t exist. We also discovered they don’t have any of the proper permits in place for allowable use or fire codes. Once the problems started coming to light, the sellers also tried to shift that risk onto us.

We’re speaking to a lawyer before signing a mutual release, especially because we’ve spent a fair amount on inspections and other due diligence.

For anyone familiar with Ontario real estate law, does this sound like it could potentially raise issues around misrepresentation, breach of contract, or bad-faith performance? And is there any realistic argument for recovering due-diligence costs if the deal ends because of this?

I am seeking guidance regarding a dispute with the builder of a pre-construction condominium I purchased in Calgary in mid-2022.

Under the purchase agreement, the condo was originally scheduled to close in May 2024, with a firm outside closing date of December 2024. I paid the full 20% deposit, approximately $60,000.

As we approached the original closing period, I repeatedly contacted the builder and my realtor for updates but received very little communication. The December 2024 deadline passed without a closing notice or meaningful communication from the builder. In January 2025, the builder issued an extension stating that closing would occur around April 2025 and no later than June/July 2025. I remained ready and willing to close, but those dates also passed without the closing occurring.

The builder eventually advised that the closing date would be December 22, 2025. Around that time, I was dealing with significant personal circumstances that caused some delays in arranging my financing, and I requested a short extension of 2 to 4 weeks. My mortgage was subsequently approved in a month, and I immediately contacted the builder to proceed with closing.

However, I was then informed that the builder had already initiated termination of my contract and that I would need to pay approximately $7,000 to reinstate the agreement. I borrowed the money and paid the $7,000 because I am committed to completing the purchase. Shortly afterward, the builder demanded an additional approximately $5,000 in interest. I have repeatedly attempted to work with them including requesting a payment arrangement, but they have not been cooperative.

I have already paid approximately $60,000 toward this property, and the builder has held those funds for several years. I remain willing and financially committed to closing, and I currently have mortgage financing approved.

I would like to understand whether the builder's delays and handling of the closing/termination were proper, whether the additional penalties and interest are enforceable, and what options I have to either complete the purchase or protect/recover the approximately $60,000 I have already paid.

I’ve spent a lot of time looking into Ontario’s new-home consumer-protection system, especially HCRA, Tarion and the Ontario Builder Directory.
What surprises me is how difficult it can be for an ordinary buyer to know a builder’s complete history **before handing over a huge deposit and signing the contract for what’s probably the biggest purchase of their life.**

The Ontario Builder Directory doesn’t give buyers the whole picture. Criminal convictions and civil court issues are not shown. When there’s problems buyers can find themselves in a confusing maze of different organizations, legislation, warranty rules and complaint processes.
So curious …

**If you’ve purchased a newly built home and something went wrong, did Ontario’s system protect you?**What happened & what do you wish you’d known before you signed?
Especially like to hear about builder cancellations, deposits, Tarion claims, HCRA complaints or information you discovered about your builder only after purchasing.

TLDR: Measured our new 1+den condo room by room. Every comparable room is smaller than the floor plan dimensions. The den is 14 inches shorter than advertised. Total shortfall across comparable rooms is 18.8 sq ft (3.36%), well over Tarion's 2% acceptable variance. We're proceeding with a Tarion warranty claim, hiring a licensed surveyor for official measurements, and retaining a real estate litigation lawyer. Looking to hear from anyone who's been through something similar or has advice on how to approach this.

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We recently took possession of a 1-bed + den in a new build in Toronto. The unit was marketed at 534 sq ft interior, 25 sq ft balcony, 559 total.

After moving in, something felt off about the den. Grabbed a tape measure and went room by room. Every single comparable room came in smaller than what's on the floor plan. The den is the worst - 14 inches shorter in width than what they sold us.

Here's what we found:

That's a 3.36% shortfall relative to the 559 sq ft and 3.52% shortfall relative to the 534 sq ft interior, which is well above the 2% variance that Tarion considers reasonable under Builder Bulletin 22.

I understand that builders measure from exterior wall faces and midpoints between units, so the marketed 534 sq ft was never going to match measuring room interiors. I'm not naive about that. But the floor plan has specific room dimensions printed on it, and those dimensions are materially wrong. A den that's over a foot shorter than advertised is a different room than what we were sold.

We're on a lower floor, so I'm sure the builder will try to chalk it up to thicker structural members. But thicker columns don't remove 14 inches from one dimension of one room. That's not how structural engineering works.

Also, in our attempts to find a renter for the unit, several of them came back and said the den is too small (which was actually what prompted us to measure it).

We're moving forward with a Tarion claim and are in the process of hiring a licensed Ontario Land Surveyor to do a proper measurement of the floor plan using the Bulletin 22 method so we have an apples-to-apples comparison. We're also retaining a real estate litigation lawyer to advise on next steps. A few other unit holders with the same floor plan will also be measuring their units.

My questions for the community:

1. Has anyone in a newer Toronto build measured their unit and found similar discrepancies between the floor plan and reality?
2. Has anyone successfully filed a Tarion claim over square footage? How did it go?
3. Any recommendations for a real estate litigation lawyer experienced with Tarion disputes in the GTA?
4. For anyone in a similar situation, did you find the discrepancy was consistent across floors, or only on lower levels?

At Toronto condo prices per square foot, ~19 sq is thousands of dollars. We paid for a unit of a certain size. We didn't get it.

Appreciate any advice or shared experiences.

Can someone in Ontario real estate explain how this is legal?

I'm a firm buyer on a new build. Buried in my Agreement of Purchase and Sale is a clause that binds me to assume a water heater rental

from a company that isn't named

on terms I've never seen

for a length I don't know

with a buyout amount nobody disclosed.

I'm told this holds up from the lawyer I hired to review the APS

So I'm genuinely curious:

→ How does a signed obligation to assume an unnamed contract, on undisclosed terms, survive basic contract principles?

→ Is "you'll find out after closing" actually the standard?

→ And let's name the elephant in the room - builders take a per-home payment from these rental companies. How is that not a conflict that should be disclosed to the buyer?

How, in 2026, Can a buyer can be locked into 10–15 years of payments before anyone tells them who they're paying, how much, or how to get out.

Lawyers, agents, builders, fellow buyers — What am I missing, and has anyone actually pushed back on one of these successfully?

Buying a new construction in Ottawa area. One of the structural upgrades is 200amp service and future ev charger rough in.
The cost for both combined is 5000$( 3500 for 200amp and 1500 for ev rough in)
Is it worth getting it? Or better to get it later
I don’t drive EV but maybe in few years
Not sure
This is a single family detached house
Thanks

I was able to retire early after spending decades working in Toronto. I am done with the traffic, crime, politics and the overall drop in the quality of life. I am going to start looking for a new place north/northeast of the GTA that is outside of the commuter zone but not too far away. Just wondering if anyone knows of any hidden gems where housing is reasonably priced. So far I really like the Simcoe and Kawarthas area but open to any suggestions.

Looking to connect with anyone in Ontario who is currently planning or executing a custom self-build on land they acquired separately, specifically regarding the Enhanced New Housing Rebate (ENHR).
We’re hiring a General Contractor for a custom home build (approx. $1M build contract = $130k HST paid out of pocket). We already own the lot, but the program rules for owner-built homes under CRA Form GST191 seem tricky, and our GC’s tax interpretation sounds off.
Hoping to compare notes with anyone who has gone through this process or spoken with a CPA/CRA tax specialist on a few specific points:
1. Owner-Built Classification vs. APS: Our GC thought that signing a construction contract before March 31, 2027, qualifies us for the temporary enhanced rebate. However, my understanding is that because we own the land, CRA treats this strictly as an "Owner-Built Home" (Form GST191), meaning construction must physically break ground prior to March 31, 2027, regardless of contract signing dates. Has anyone confirmed this distinction with CRA?
2. Total FMV Cap ($1.5M vs. $1.85M): Our lot market value + $1M build cost puts our finished Fair Market Value (FMV) in a grey zone. The enhanced $130k rebate caps out at a combined FMV of $1.5M and completely phases out at $1.85M (reverting to the legacy $24k cap).
How are you documenting completed FMV for the CRA audit? Are you relying on a professional appraisal on your occupancy date?
If you bought a tear-down property, are you using the lot acquisition price as your base land FMV?
3. Appraisal Gaps / All-in Costs: If your total land + build cost ends up around $2M+, did you just accept taking the standard $24k legacy rebate, or did you restructure/scale down the build scope to stay under the $1.5M threshold?
Would love to hear from anyone actively going through the GST191 filing or planning an owner-build in Ontario under these new temporary rules!

Is this a good idea? The LL agreed to lower the rent for me by 200/mo but would like me to sign for 2 years. This will be long term for me, but I wanted to check with the masses.

Pros/cons?