Obligations of condo managers

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:

Requirements and obligations

1. Prohibited from working for more than one condo management firm without consent

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.

2. Prohibited from being employed by more than three condominiums

A condo manager who holds a General Licence or a Transitional General Licence must not be directly employed by more than three condominiums.

3. Carrying the Certificate of Licence

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.

4. Address for service in Ontario

All condo management firms and managers must maintain an Ontario address for service from the CMRAO.

5. Condo management services contract

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.

6. Prohibition related to proxy instruments

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:

  • any matter directly related to the licensee
  • any matter directly related to the removal of the election or one or more of the directors of the client

7. Transfer of records

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.

8. False information

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.

9. Counselling contravention of the Act

Licensees must not counsel, advise or knowingly assist a person to contravene the Condominium Management Services Act, 2015, or the Condominium Act, 1998.

10. Disclosure of interest in a contract

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.

11. Records maintained for at least six years

Licensees must keep records related to the following activities for at least six years:

  • completion of education, examinations, continuing education, and employment related to condo management
  • employment or engagement contracts with condo corporations
  • work experience requirements for a general licence
  • supervision of a limited licensee
  • documentation of any disclosure required to be made under the Act to a client
  • employment records for condo managers
  • delegations to a condo manager to hold or collect money on behalf of a condo corporation.
  • any other otice or record required under the Condominium Management Services Act, 2015, or its regulations.

Refer to the General Regulation for a comprehensive description of records to maintain.

12. Storage of records in a dwelling

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.

13. Client records

A licensee has the following obligations to clients in handling their records:

14. Change of information notifications

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.

15. Limited Licensee requires supervision

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:

  • must be supervised by a General Licensee or a Transitional General Licensee
  • cannot enter into a contract or an agreement without prior approval of a Supervising Licensee
  • cannot manage, control, or disburse more than $500 of general funds without prior approval of a Supervising Licensee
  • cannot manage, control or disburse reserve funds
  • cannot sign status certificates

Please refer to Sections 8 and 22 of the General Regulation for more detailed information.

16. Limited Licensee must be employed by a licensed condominium provider firm

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.