The Condominium Management Services Act, 2015, and its regulation set out obligations and requirements for licensees. Some apply to specific classes of licensees and others to all licensees.
A list of these obligations and requirements is provided for reference:
A licensed condo manager must not be employed by more than one condo management firm unless they have obtained the written consent from all firms that employ them.
A condo manager who holds a General Licence or a Transitional General Licence must not be directly employed by more than three condominiums.
Condo managers must carry their most recently issued Certificate of Licence when providing condo management services, and produce it for inspection on the request of any person. The manager may produce a paper copy or display their licence on a mobile device.
All condo management firms and managers must maintain an Ontario address for service from the CMRAO.
Every licensee who provides condo management services to a client must have a written contract governing the services, and must not provide the services except in accordance with the contract.
A licensee, or any person acting for the licensee, can't solicit an instrument appointing a proxy for a meeting if the subject matter of the meeting includes:
Upon termination of a contract for condo management services to a client, licensees must immediately transfer to the client all records and documents relating to the client.
Licensees must not falsify information, or assist, induce or counsel another person to falsify information related to the licensee’s provision of condo management services. The same prohibition exists for furnishing and assisting to furnish false information related to the licensee’s provision of condo management services.
Licensees must disclose to their client any material interest they have in a contract, and obtain the written approval of the client before entering into the contract. The licensee must not be present for the condo board’s discussion about the interest in the contract unless the board consents.
Licensees must keep records related to the following activities for at least six years:
Refer to the General Regulation for a comprehensive description of records to maintain.
A licensee must have prior approval of the Registrar to store condo management records in a dwelling. This approval will be based on making adequate arrangements for access to the records by the CMRAO as permitted by the Condominium Management Services Act, 2015.
A licensee has the following obligations to clients in handling their records:
All licensees are expected to keep their profile information up-to-date with the CMRAO. This includes maintaining an up-to-date address, email address, phone number and legal name. The Condominium Management Services Act, 2015 requires that licensees, within 5 days of the change, notify the Registrar of a change in address for Service and any commencement or termination of employment by a condo management firm or condo corporation. See Part Four of the Condominium Management Services Act, 2015 and Sections 28 – 35 of the General Regulation for more information.
A condo manager who holds a Limited Licence or a Deemed Limited Licence cannot provide condo management services unless they are supervised and some activities are subject to prohibitions or the need for prior approval of the supervising condo manager.
Generally, the conditions of a limited licence are as follows:
Please refer to Sections 8 and 22 of the General Regulation for more detailed information.
Effective January 30, 2018, a condo manager who holds a Limited Licence will no longer be legally able to provide condo management services directly to a condo corporation. These licensees must be employed by a licensed condo management firm.