Condominium managers and management providers play an important role in protecting the financial well-being of a condominium corporation. One of the most fundamental aspects of a condominium manager or management provider’s role is to collect contributions to the common expenses or other amounts levied by, or payable to, the corporation. Management has a responsibility to act in the best interest of the condominium corporation, which includes taking appropriate actions when owners do not pay their contributions to the common expenses.

The condominium corporation’s Board of Directors oversees the manager and management provider and is responsible for evaluating whether a licensee has fulfilled their contractual obligations with regards to managing the corporation’s finances.

The Code of Ethics regulation requires that all licensees be financially responsible in providing condominium management services. If the corporation’s Board of Directors has formed the opinion that a licensee has failed to fulfill their contractual and ethical obligations, they may submit a complaint to the CMRAO.

Complaints of this nature should include specific details and documentation relating to how the licensee failed to fulfill their contractual obligations and, where applicable, a description of the impact on the condominium corporation.

The Code of Ethics regulation also requires that licensees demonstrate reasonable competence in providing condominium management services. The CMRAO has identified 9 competencies with respect to financial management. These competencies apply to managers who hold a General Licence with the CMRAO. A person who holds a General Licence is generally be expected to be able to:

1. Prepare, present and implement the annual budgets
2. Collect the common expenses
3. Interpret financial statements and explain variances to the Board of Directors to enable informed decisions
4. Monitor financial status and report concerns to the Board of Directors
5. Monitor Reserve Fund spending and balance relative to the Reserve Fund Study
6. Support the Board of Directors in the Reserve Fund investment process
7. Support the annual financial audit process
8. Review the general ledger to ensure accurate expense reporting
9. Implement the financial controls to protect the condominium corporation’s financial assets

Ultimately, the services that a licensee provides to the condominium corporation must be provided in accordance with the contract with the corporation. Depending on the nature of the contract, these competencies may be considered in the CMRAO’s complaint evaluation process.

The CMRAO does not have jurisdiction over disputes about financial decisions made by the condominium corporation’s board of directors, such as decisions about monthly fees or special assessments.

The CMRAO does not have jurisdiction over disputes about payments between a condominium owner and a condominium corporation.

Owners are required to pay their common expense fees on time. One of the most fundamental aspects of a condominium manager or management provider’s role is to collect contributions to the common expenses or other amounts levied by, or payable to, the corporation. Management has a responsibility to act in the best interest of the condominium corporation, which includes taking appropriate actions when owners do not pay their contributions to the common expenses. When an owner defaults on their contributions to the common expenses, the corporation automatically has a lien against the unit for the amount owing, plus interest, plus reasonable legal costs and expenses related to collection of the unpaid amount.

Management has a responsibility to promote and protect the best interest of the corporation and, therefore, when an owner defaults on their contributions to the common expenses, it is important that management identify the situation and take appropriate actions in order to protect the best interest of the condominium corporation.

Monthly contributions to common expenses

Collecting monthly contributions to the common expenses is a standard operating procedure for the management provider within a condominium corporation. If your unit is in arrears for failing to pay monthly contributions and you believe this is a mistake, you should raise the issue with your manager to try to resolve the issue. If you are unable to resolve the issue and you have documentation that demonstrates that your unit is in arrears due to an error by the management provider—for example, the licensee failed to process a preapproved automatic payment or did not properly account for your contributions—you may wish to file a complaint with the CMRAO.

Complaints of this nature should include relevant supporting documentation, such as bank statements and copies of communications with the licensee.

Chargebacks

In addition to collecting monthly contributions to the common expenses, management is typically expected to implement “chargebacks” to a unit owner’s account in accordance with the Condominium Act, 1998. A chargeback is an amount added to a unit owner’s common expenses which typically arises as the result of an act or omission on the part of an owner. Because chargebacks form part of the unit’s common expenses, defaulting on a chargeback is treated the same way as defaulting on monthly contributions to the common expenses.

If an owner is issued a chargeback, it is reasonable for the owner to expect management to be able to provide an explanation of the chargeback and how it was implemented in accordance with the Condominium Act. If an owner does not understand why they have been issued a chargeback, they should contact the manager and ask for clarification. If an owner does not receive a response within a reasonable period of time, the owner may submit a complaint to the CMRAO.

If the CMRAO receives a complaint from an owner in relation to a chargeback, the CMRAO will review the complaint to assess whether the licensee has provided responsive service to the owner, and demonstrated reasonable knowledge and competence with respect to administering the chargeback. The CMRAO may attempt to resolve the complaint by facilitating communication between the owner and the licensee or engaging the condominium corporation’s Board of Directors, as appropriate.

The CMRAO cannot legally determine if a chargeback has been implemented in accordance with the Condominium Act, and regardless of the outcome of the complaint, the CMRAO cannot overturn a chargeback or remove a registered lien.

Although condominium managers are often tasked with managing the maintenance and repair obligations of the condominium corporation, the condominium corporation’s Board of Directors is responsible for making decisions about repairs and maintenance and ensuring that required repairs and maintenance activities are carried out.

A licensee who has a contractual obligation to manage, maintain, repair or protect the property or the assets, if any, of a client has an obligation to:

• Be diligent in executing these obligations, and
• Keep their client informed in a timely manner of information about the condition of the property or assets.

Condominium Corporations

The condominium corporation’s Board of Directors oversees the manager and management provider and would be responsible for evaluating whether a licensee has fulfilled their contractual obligations with regards to managing the maintenance and repair obligations of the corporation.

If the corporation’s Board of Directors forms the opinion that a licensee has failed to fulfill their contractual and ethical obligations, they may submit a complaint to the CMRAO.

Complaints of this nature should include:

• An explanation of how the manager failed to fulfill the terms of their contract and manage the corporation’s repair and maintenance obligations
• A description of the impact on the condominium corporation and other relevant parties
• Excerpts of specific sections of the corporation’s governing documents that pertain to the item(s) in question
• Copies of any communication with the manager regarding the repair or maintenance item(s)
• Copies of board meeting minutes related to the repair or maintenance item(s) in question 

Condominium Owners

Owners can generally expect their manager to provide them with information about a repair or maintenance item. The manager should be able to explain who is responsible for a repair and why.

If the CMRAO receives a complaint from an owner in relation to a repair or maintenance item, the CMRAO will review the complaint to assess whether the licensee has provided responsive service to the owner, and demonstrated reasonable knowledge and competence with respect to the item. The CMRAO will attempt to resolve the complaint by facilitating communication between the owner and the licensee, or engaging the condominium corporation’s Board of Directors, as appropriate.

The CMRAO cannot legally determine whether an owner or the condominium corporation is responsible for a repair and cannot force the condominium corporation to conduct or prioritize any repair or maintenance item.

Condominium owners have the right to access certain records of the corporation. If an owner would like to request access to, or copies of, corporation records, they must use the mandatory Request for Records form, which can be submitted to their manager.

For more information about accessing a condominium corporation’s records, please visit the Condominium Authority of Ontario’s website, which includes the Request for Records form, information about the types of records that an owner has the right to access, legal considerations, solutions, and access to the Condominium Authority Tribunal, where you can file a case regarding a dispute about a request for records.

In accordance with their contract, management providers can be expected to manage the corporation’s records in accordance with applicable legislation. This includes keeping adequate records defined under the Condominium Act, such as financial records of the corporation, copies of the corporation’s governing documents and copies of all agreements entered into by or on behalf of the corporation and ensuring that these records are kept for the prescribed period of time.

The Condominium Management Services Act, 2015 (CMSA) has specific provisions about maintenance and client access to condominium corporation records. Section 6 of O. Reg. 4/18 states that a licensee who holds records on behalf of a condominium corporation shall:

1. Ensure that the records are maintained securely, accurately, and with care and due regard for the client’s obligations under section 55 of the Condominium Act, 1998;
2. Upon request by the client condominium corporation, make the records available for inspection by the client as soon as reasonably possible; and
3. At the request of a client condominium corporation, transfer to the client any records held by the licensee, or a copy of the records, as soon as reasonably possible.

The CMSA also includes specific provisions about the turnover of records when a management agreement (contract) is terminated.

Section 54 of the CMSA requires that “Subject to the regulations … every licensee that provides condominium management services to a client shall immediately transfer to the client all documents and records relating to the client upon termination of any contract for the condominium management services provided.”

Section 35 of the General Regulation (O. Reg. 123/17) expands on section 54 of the CMSA and states that licensees are required to transfer documents and records to their client no later than 15 days upon termination of a management contract. If a document or record does not exist at the time that the contract is terminated, licensees shall create, copy, and transfer the record to the client no later than 30 days after termination of the contract.

Licensees should also consider their ethical obligation to act in the best interest of their clients. Ideally, there should be a smooth transition from one manager to the next. It is common for boards to instruct the outgoing management company to transfer records directly to the incoming management company.

While the General Regulation gives licensees 15 days to transfer records upon termination of a contract, it is often reasonable for this process to begin before the contract is officially terminated. It may also be considered a professional courtesy among licensed condominium managers and management companies to transfer documents and records sooner than the legislated 15-day requirement.

Also note that the CMSA allows licensees to make and retain a copy of a document or record if required for purposes relating to the contract for condominium management services. However, licensees shall not retain any documents or records relating to the client as a means of pressuring the client to fulfill contractual obligations to the licensee.

If the corporation’s Board of Directors or an incoming management provider business has formed the opinion that a licensee has failed to fulfill their contractual, legal, or ethical obligations with regards to records management or turnover of records, they may submit a complaint to the CMRAO.

For more information about management’s responsibilities with regards to records management, please review Guide for Licensees: Records Management for Condo Managers.

The CMRAO does not have jurisdiction over the results of a condominium corporation’s elections.

The role of condominium managers and condominium management provider businesses is to be neutral administrators of the meeting notice, proxy, and election processes. Licensees must understand and adhere to the requirements established in legislation, regulation, and the corporation’s by-laws, declaration, and rules. Licensees should not put their own interests above the need for open, fair, and legal processes even when asked or directed otherwise.

In circumstances where the condominium manager takes on the role of chairing a meeting of owners, the manager should be aware that the chair is accountable to all owners.

The CMSA includes specific provisions about management’s involvement in the use of proxy forms for voting and election purposes. Section 53 of the CMSA states that:

A licensee, or any person acting on behalf of a licensee, shall not solicit an instrument appointing a proxy for a meeting of owners where the subject matter of the meeting includes:

1. any matter directly related to the licensee,
2. the removal or the election of one or more of the directors of the client, or
3. any other prescribed matter.

Section 33 of the General Regulation (O. Reg. 123/17) then expands on section 53 of the CMSA and states that:

1. In section 53 of the Act, “solicit” means to petition for, or to try to directly obtain, an instrument appointing a proxy, but does not include:
   1. Collecting or holding instruments appointing a proxy or providing a location in which the instruments can be collected or held respectively,
   2. Notifying or reminding owners or mortgagees to submit instruments appointing a proxy if the owners or mortgagees respectively are unable to attend a meeting of owners,
   3. Making information available on how to submit an instrument appointing a proxy,
   4. Providing a form of an instrument appointing a proxy as part of anything that a client gives to owners or mortgagees, or
   5. Providing a copy of a form described in clause (d) to owners or mortgagees on request.
2. A licensee shall not modify or attempt to modify an instrument appointing a proxy for a meeting of owners.
3. A licensee or any person acting on behalf of a licensee is exempt from section 53 of the Act if the licensee or the person, as the case may be, solicits an instrument appointing a proxy for a meeting of owners where the form or content of the instrument does not authorize or require the proxy to vote on any matter at the meeting, including matters of routine procedure.

For more information about management’s responsibilities with regards to the use of proxy forms, please review the CMRAO’s Guide for Licensees: The Use of Proxies and Proxy Forms.

If you have documented evidence showing that a licensee has failed to comply with their contractual, legal, or ethical obligations with regards to the solicitation of proxy forms, you may wish to submit a complaint the CMRAO.

Complaints of this nature should include:

• Copies of any available proxy forms that are relevant to the complaint
• An explanation of how the licensee failed to meet their obligations
• Copies of any communications with the licensee regarding the allegation that led to the complaint

Condominium managers and management provider businesses operate under the terms of a contract with the condominium corporation. The corporation is represented by its Board of Directors, which is responsible for transacting the business of the corporation. A condominium’s Board of Directors will make decisions with regards to maintenance fees, reserve fund contributions, special assessments, prioritization of repairs, payment disputes, selection of contractors/vendors and other matters pertaining to the business of the corporation.

Management is expected to advise the Board of Directors in making informed decisions in the best interest of the condominium and to implement the Board’s decisions.

The CMRAO does not have jurisdiction over the decisions of a condominium corporation’s Board of Directors.

If you have a complaint related to a decision of your condominium’s Board of Directors, you should communicate your concerns to the Board. It is common for boards to receive communications from owners through the condominium manager. You may also voice your concerns at your condominium corporation’s annual general meeting.

You may also wish to seek legal advice or information from the Condominium Authority of Ontario (CAO), which has useful resources about condominium living and common issues available on their website. Additionally, the Condominium Authority Tribunal (CAT) currently accepts applications related to disputes about:

• Condominium Records
• Pets and animals
• Vehicles
• Parking and Storage
• Settlement Agreements

Condominium corporations may hire a condominium management provider business or condominium manager to oversee the corporation’s day-to-day operations. Under the Condominium Management Services Act, 2015 (CMSA), individuals and businesses that provide condominium management services in Ontario must hold a licence issued by the CMRAO, unless exempt under regulation.

Under the Condominium Management Services Act (CMSA), “condominium management services” means any of the following services provided to, or on behalf of, a condominium corporation:

1. Collecting or holding contributions to the common expenses or other amounts levied by, or payable to, the corporation.
2. Exercising delegated powers and duties of the corporation or its Board of Directors, including:
   1. Making payments to third parties on behalf of the corporation,
   2. Negotiating or entering into contracts on behalf of the corporation, or
   3. Supervising employees or contractors hired or engaged by the corporation.

For more information about who requires a licence, please review Do I Need a Licence? Interpreting the Definition of Condominium Management Services. The guide provides helpful information that helps to distinguish between management services (that require a licence) and administrative services that do not.

While the CMRAO’s jurisdiction is limited to enforcing provisions under the CMSA, it is worth noting that a condominium corporation should only hire a person to provide condominium management services if that person is properly licensed by the CMRAO. Section 17.0.1 of the Condominium Act, 1998 states “A corporation shall not enter into an agreement with a condominium management provider or a condominium manager to receive condominium management services unless the provider or manager, as the case may be, is licensed under the Condominium Management Services Act, 2015.”

If you have information about an individual or business that is providing condominium management services illegally without a licence, you are encouraged to file a complaint with the CMRAO.

The condominium corporation’s Board of Directors oversees the manager and management provider and is responsible for evaluating whether a licensee has fulfilled any contractual obligations with regards to managing safety and security at the corporation.

Owners may observe health and safety hazards within a condominium community, and it is appropriate to raise these issues with the condominium manager. Owners should expect licensees to be reasonably responsive in handling certain safety concerns. In the event of an emergency, owners should contact other authorities as appropriate.

The Code of Ethics regulation requires that licensees demonstrate reasonable competence in providing condominium management services. The CMRAO has identified several competencies with respect to safety and security procedures that can be expected of a manager who holds a General Licence. A person who holds a General Licence is generally be expected to be able to:

• Implement and update the corporation’s Fire Safety Plan
• Manage health and safety compliance requirements
• Recognize, act on, and report actual and potential workplace and occupational safety risks to the corporation’s Board of Directors
• Assist in the development and implementation of emergency procedures
• Recognize, act on, and report harmful incidents to the appropriate authority

Ultimately, the services that a licensee provides to the condominium corporation must be provided in accordance with the contract with the corporation. Depending on the nature of the contract, these competencies may be considered in the CMRAO’s review of any complaints related to safety and security concerns.

Many aspects of a condominium manager’s job require that they manage or come into contact with personal or private information. For example, condominium managers are typically involved in managing the corporation’s records, handling complaints/inquiries from owners, and entering owners’ units.

The Code of Ethics regulation requires that, except as is otherwise authorized or required by law, a licensee shall not disclose to a third party any confidential information without prior written consent of the person to whom the information relates. The Code of Ethics also requires that licensees demonstrate reasonable competence in providing condominium management services. A person who holds a General Licence would generally be expected to be able to maintain privacy and confidentiality involving condominium corporation matters as per legislation.

If you have reason to believe that a licensee has disclosed confidential information to a third party without prior written consent, you may wish to file a complaint with the CMRAO. Depending on the nature of the concern, you may also wish to attempt to resolve the concern locally before raising a formal complaint with the CMRAO.