Condominium Real Estate Governance – Qtr3/20 – CAT | Condo Mania

Condominium real estate governance expands what disputes the Condominium Authority Tribunal ( CAT ) will manage and take away from the courts.

Welcome to the Ontario condominium real estate  governance  area of my condo home library, the Condorary.

Is it not so that the whispering tune of authoritarianism floating over communalism cannot be heard on Apple Music®, Google Play®, Youtube Music®, Spotify® or Stingray®? The ascending power over people that feel helpless or are detached for any reason is the music that fills it’s heart. Et tu, reader?

In Ontario, the musical score of  “ Living in Harmony ” is orchestrated through legislation in the Condominium Act, 1998, SO 1998, c 19 . Of course, the composer is our elected Government of the day with the power to change or leave the current regulations alone.

The symphony conductor with the rhythmic sway of the baton is the Minister of Government and Consumer Services leading 2 ensembles. Strings for condominium property management ( CMRAO ) guidance and percussion for owners ( CAO ) direction.

A key note is for you to be aware that the intent to shape attitudes and behaviour through communitarianism is a subtle ongoing reality, for better or worse. Is your community a reasonable one to live in or feel more like a penal colony with a domineering warden?

Hum along.

Even though each agency is followed by looking back quarterly at their publications, links to blogs, podcasts, posts and videos may reveal more recent resources.


Condominium Management Regulatory Authority of Ontario (CMRAO)

In order to provide condominium property management services, all people and organizations require a licence from the Condominium Management Regulatory Authority of Ontario ( CMRAO ) as of November 2017.

CMRAO regulation is a process by which condo management specialists are licensed, have a binding code of ethics and comply with training and experience preconditions. In addition, complaint supervision intends (without guarantee) to promote public safety and certified condo property management services.

The CMRAO website has an online public registry available to search for people and companies that are licensed in Ontario. Without doubt, all owners are employers even if their skills are that of an employee or homemaker for example. Who have you hired lately?

Obligation of Licensees to Cooperate with Inspections Conducting inspections is an important way for CMRAO to ensure compliance with the Condominium Management Services Act, 2015 (CMSA). The Registrar can appoint an inspector to deal with a complaint made against a licensee, to ensure compliance with the CMSA, or to ensure that a licensee remains entitled to a licence.

Source: © Condominium Management Regulatory Authority of Ontario ( CMRAO ).

Webinar

The CMRAO’s Ali Arlani, CEO and Registrar, and Sandy Vizely, Deputy Registrar, discuss the CMRAO complaints process.

Charges and Convictions Section 36 of the Condominium Management Services Act, 2015 (CMSA) requires the CMRAO to make certain information available to the public including information related to charges laid by the CMRAO against licensees, or other persons or entities that undertake activities that require a licence, and who have been charged and/or convicted under the CMSA.

© Condominium Management Regulatory Authority of Ontario ( CMRAO ).

Is your corporation dealing with these people or companies above? More information about licensees is found in Condominium Real Estate Life . Look for the partnership with the Association of Condominium Managers of Ontario ( ACMO ).  

The CMRAO Video Library contains videos in both English and French. Help yourself to recorded webinars, instructional materials and other insights.

Condominium Authority of Ontario (CAO)

Ever want to know what the difference between owning a separate house and a condominium is? The former home owner creates a way of life of their own choosing entirely. The latter’s lifestyle is limited by the approaches and method of the Declaration, Bylaws and Rules in an individual apartment house residence and/or townhouse complex. Consequently, owners are anticipated to be active rather than passive participants of the corporation they bought into for the mutual benefit of all residents.

By The Way … Condominium corporations are legal entities. All owners can be sued for matters for which they are collectively liable. Likewise, all owners have the right to sue or lien for damages to their common property (buildings and land). Do you have a personal Reserve Fund for the unknown?

 Through the condominium real estate governance process as a unit owner, you are automagically a member of an apartment residence and/or townhouse corporation with regulated rights and responsibilities , love it or not. An essential right is to vote at general meetings on topics that have an effect on your partnership. For example, deciding on who to elect or remove as a member of the board of directors.

The board of directors is generally made up of volunteer owners and takes responsibility for the control of the corporation’s  business  affairs. If the board does not hire a condominium property management company to supervise the real estate portion then the organization is self-managed  absolutely by the directors.

An owner has the obligation to take part in the governing of the condominium. Simply by attending any general meetings and information sessions, becoming a director or a committee member and by voting. In addition, it is crucial to examine and understand the budget and financial statements, the minutes of meetings and other information sent to members.
Owner neglect is known to lead to:
<> Dysfunctional and/or postponed Annual General Meetings.
<> Outdated Declarations, Bylaws and Rules.
<> Excessive increase of condo maintenance fees.
<> Liens.
<> A large lump sum payment called a special assessment (e.g. for unplanned property repairs).
<> Forced sale of an owner’s unit.

The Condominium Authority of Ontario ( CAO )  provides consumer protection for owners and guidance for directors in the form of information and resources regarding common issues , rights and obligations along with changes to condominium regulations.

The CAO provides free mandatory online training for directors to educate boards in becoming effective. The training may also be taken by owners for some understanding of or interest in becoming a board member. You can find more details in Condominium Real Estate Life.

The 19 standard condominium forms in use for reporting information by corporations are provided by the CAO online. Two new forms were just transferred here this summer.

A searchable online registry of about 12,000  condominium companies in Ontario is publicly to be had from the CAO in step with government regulation. Are you there?

For unresolvable problems among owners and boards, the condominium real estate governance process provides entry to the CAT which is an online dispute resolution system you should check out further below.

Regulatory Changes Pave Way for Expansion of the Condominium Authority Tribunal The Condominium Authority of Ontario ( CAO ) has been advised that the government is amending a regulation under the Condominium Act, 1998 (the Condo Act) effective October 1, 2020, which will allow the Condominium Authority Tribunal ( CAT ) to handle more types of disputes.

Source: © The Condominium Authority of Ontario ( CAO )

Video

CAO’s Executive Director – Robin Dafoe, and Board Chair – Tom Wright provide the answers to frequently asked questions.

The CAO Video Library contains videos in English and French. Help yourself to recorded webinars, instructional materials and other insights.

Condominium Authority Tribunal (CAT) 

The Condominium Authority Tribunal   Welcome to the Condominium Authority Tribunal (CAT), Ontario’s first fully online tribunal! The CAT uses an online dispute resolution system (CAT-ODR) to help people resolve certain types of condominium-related disputes conveniently, quickly, and affordably.

Source: © The Condominium Authority of Ontario ( CAO )

Video

The English version of Stage 1: Negotiation is in the CAT library below.

The CAT Video Library contains videos in both English and French. Currently, all videos explain how the tribunal works in easy to understand steps.

When following the lawyers social conversation in the Condominium Law Practices Chit-Chat, there may be references to to Ontario tribunal decisions made public below.

Ontario Condominium Authority Tribunal Decisions The CAT’s decisions are available without charge on the Canadian Legal Information Institute’s (CanLII) website. CanLII is a non-profit organization that provides free access to legal information online. 

Source: © The Condominium Authority of Ontario ( CAO ).

Summary: Quarter decision count – 09.
In the beginning, the Tribunal focused on misunderstandings around condominium records required to be kept by Boards and made available to owners. As of October 1, 2020, the subjects of Pets and different animals, Vehicles, Parking and Storage and Compensation costs associated with Declarations, Bylaws and Rules will be heard.

To date, the Tribunal has ruled on 103 records submissions from more or less than 12,000 buildings over 33 months starting January 1, 2018. Of course, there may be a few more to come. Does this mean that 99% of buildings have so few problems of this type that they can take care of it themselves?

Bothering to read many of these short and simple decisions may offer an appreciation of your corporation’s transparency and communication with owners as compared to others within the province. As buyers of condos for sale, do you think that real estate agents, property managers or sellers are likely to tell you about problems in an established community? Double checking with a quick scan through the list of citations may provide useful information before making a decision to purchase. Might want to include looking at Charges and Convictions on the CMRAO site above. Higher court decisions are also found on CanLII.

Feature Decisions

<> Lagan v Carleton Condominium Corporation No. 331, 2020 ONCAT 30 (CanLII)

<> Lewis v York Condominium Corporation No. 510, 2020 ONCAT 31 (CanLII)

<> He v Waterloo Standard Condominium Corporation No. 541, 2020 ONCAT 34 (CanLII)


Supplementary Information 

In the meantime, other types of owner and corporation disputes may alternatively be resolved before going to the courts through ADRIC regional affiliates who may be partners or associates within the law practices found in the Condominium Law Practices Chit-Chat post. 

ADR Institute of Canada ( ADRIC ) ADRIC sets the standard for best practices for ADR (alternative dispute resolution) in Canada and provides leadership, value and support to our individual and corporate members and to our clients. We provide education and certification, promote ethical standards and professional competency, and advocate for all forms of ADR for public and private disputes.

© ADR Institute of Canada, Inc.

Legislation

Condominium real estate governance places importance on the fact that beside being partners in a corporation, owners are also employers. The reference below is useful not only for boards of directors but for owners and tenants personally. The links in blue tell the story to know and links in green take you to the legislation behind the tale.

Human Rights  <> Human Rights Code, R.S.O. 1990, c. H. 19
Occupational Health and Safety  <>  Occupational Health and Safety Act, R.S.O. 1990, c. O.1
Employment Standards  <>  Employment Standards Act, 2000, S.O. 2000, c. 41
Accessibility for Persons with Disabilities  <>  Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11
Electricity Protection  <>  Electricity Act, 1998, S.O. 1998, c. 15, Sched. A

The condominium culture concert is a paid event by all owners. Are you listening ? Are you satisfied with the sound of music you are getting for your money?