Condominium Real Estate Governance – Qtr1/21 | Condorary

Updated: 2021-03-31

Estimated reading time: 12 minutes

Culture » Ontario Condominium Culture Blog » Ontario Condominium Real Estate Governance » Condominium Real Estate Governance – Qtr1/21 | Condorary

The ultimate guide to condominium oversight in Ontario. How is your communal living being shaped through benign authoritarianism?

Introduction

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 who feel helpless, confused or are detached for any reason is the music that fills it’s heart. Et tu, reader?

In Ontario, the chart hit of  “ Living in Harmony ” is climbing through legislation in the Condominium Act, 1998, SO 1998, c 19 . Of course, the song writer is our elected Government of the day with the power to change or leave the current regulations alone.

The boss rapper with the rhythmic sway of the mic is the Ministry of Government and Consumer Services ( MGCS )directing the power elite agencies on stage. Brass for condominium property management ( CMRAO ) guidance and drums for owners ( CAO ) direction.

A disco note is for you to be aware that the intent to shape attitudes and behaviour through communitarianism is a subtle ongoing groupthink reality for better or worse. Is your community culture a reasonable one to live in? Perhaps feels like nobody cares or more like a penal colony with a domineering warden? Do you even know who your neighbours are, let alone the people elected to your board?

Clubbing on to the Jerusalema dance challenge.


CMRAOCondominium Management Regulatory Authority of Ontario

In order to influence condominium property management services, all people and organizations require a licence from the Condominium Management Regulatory Authority of OntarioCMRAO as of November 2017.

CMRAO regulation is a control process by which 3269+ condo management specialists of 400 companies 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 condominium owners are employers even if their life 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 .

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.

Source: © 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.  

New CMRAO Education Requirements  Effective November 1, 2021, the authority for setting education requirements will be transferred to the Registrar of the CMRAO. To prepare for this important transition, the CMRAO has developed a competency profile for condominium managers in Ontario, a curriculum roadmap, and course blueprints, which are available on our website.

Source: © Condominium Management Regulatory Authority of Ontario – CMRAO

Video

Milestones 2021-03-18 (2:00)

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

CAO – Condominium Authority of Ontario

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.

What is the difference between owning a freehold house and a condominium?

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 hi-rise or low-rise apartment house residence and/or townhouse complex. Consequently, because of the financial investment of owners, they are anticipated to be active rather than passive participants of the corporation 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 unknown expenses?

What are the rights of a condo owner?

Through the condominium 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 … especially when selected by your property manager through lack of volunteers to serve the community.

What is a board of directors?

The board of directors is generally made up of elected 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.

What are the obligations of a condo owner?

Common Issues Self-Help and other resources

The current common issues which may be taken to the Condominium Authority Tribunal are marked with an asterisk *. With the wealth of problem examples and solutions provided for owners and board of directors, that may not be necessary.

Records *
Infestation
Light
Smoke and Vapour
Noise and Vibrations
Odours
Pets and animals *
Parking and Storage *
Meetings
Condo Managers
Vehicles *
Short-term Rentals
Compliance with Settlement Agreements

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 in the summer of 2020.

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 governance process provides entry to the CAT which is an online dispute resolution system you should check out further below.

COVID-19 Update: New Declaration of Emergency (January 2021) and Impacts for Condo Owners and Condominium Corporations Due to a recent spike in COVID-19 cases in the province, the Government of Ontario is taking additional steps to help prevent the spread of COVID-19. The new safety measures include a provincial declaration of emergency and additional orders under the Emergency Management and Civil Protection Act, 1990, as well as amendments to regulations under the Reopening Ontario (A Flexible Response to COVID 19) Act, 2020. These new safety measures are being put in place between January 12th and January 14th, 2021 and will impact all of Ontario. These new measures will be in place until at least February 11th, 2021.

Source: © The Condominium Authority of Ontario – CAO .

Video

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

CAT – Condominium Authority Tribunal  

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 CAT Video Library contains playlist format 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 – 26.
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 142 submissions from more or less than 12,000 buildings over 39 months starting January 1, 2018. Does this mean that 99% of buildings really have few problems that they are unable to take care of themselves?

Bothering to read many of following short and simple decisions may offer an appreciation of your corporation’s transparency and communication with owners as compared to others within the province.
How do they compare with the common issues explained above?
As buyers of condos for sale, do you think that real estate agents, property managers or sellers are likely to tell you about cultural 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. Out of curiosity, might want to include looking at Charges and Convictions on the CMRAO site above.

As an aside, higher court decisions that the lawyers comment on are also found on CanLII. See Condo Case Law in Condominium Real Estate Life.

CanLII Feature Decisions

2021-03-31 Kaminski v. Halton Standard Condominium Corporation No. 645, 2021 ONCAT 26 (CanLII)

2021-03-30 Calderon v. York Condominium Corporation No. 274, 2021 ONCAT 25 (CanLII)

2021-03-30 Anvari v. Carleton Condominium Corporation No. 95, 2021 ONCAT 24 (CanLII)

2021-03-18 Reid v. York Condominium Corporation No. 279, 2021 ONCAT 23 (CanLII)

2021-03-12 Hawryliw v. Toronto Standard Condominium Corporation No. 2309, 2021 ONCAT 22 (CanLII)

2021-03-10 Roberts v. Halton Standard Condominium Corporation No. 617 and Yamine, 2021 ONCAT 21 (CanLII)

2021-03-09 Metropolitan Toronto Condominium Corporation No. 1195 v. Solomon, 2021 ONCAT 20 (CanLII)

2021-03-09 Peel Standard Condominium Corporation No. 857 v. Peel Standard Condominium Corporation No. 920, 2021 ONCAT 19 (CanLII)

2021-03-04 Kong v. Toronto Standard Condominium Corporation No. 1959, 2021 ONCAT 18 (CanLII)

2021-03-03 Yeung v. Metropolitan Toronto Condominium Corporation No. 1136, 2021 ONCAT 17 (CanLII)

2021-03-03 Zamfir v. York Condominium Corporation No. 238, 2021 ONCAT 16 (CanLII)

2021-03-01 Leith v. York Condominium Corporation No. 274, 2021 ONCAT 15 (CanLII)

2021-02-25 Spallacci v. Wentworth Standard Condominium Corporation No. 566, 2021 ONCAT 14 (CanLII)

2021-02-16 Rahman v. Peel Standard Condominium Corporation No. 779, 2021 ONCAT 13 (CanLII)

2021-02-12 Hawryliw v. Toronto Standard Condominium Corporation No. 2309, 2021 ONCAT 12 (CanLII)

2021-02-08 Van Schaik v. London Condominium Corporation No. 18, 2021 ONCAT 11 (CanLII)

2021-02-08 Kalinitchenko v. York Region Common Elements Condominium Corporation No.1219, 2021 ONCAT 10 (CanLII)

2021-02-01 Geissler v. Toronto Standard Condominium Corporation No. 2045, 2021 ONCAT 9 (CanLII)

2021-01-29 Wei v. Toronto Standard Condominium Corporation No. 2297, 2021 ONCAT 8 (CanLII)

2021-01-28 Williams v. Wentworth Standard Condominium Corporation No. 439, 2021 ONCAT 7 (CanLII)

2021-01-25 Abdurahman v. Wellington Condominium Corporation No. 7 , 2021 ONCAT 6 (CanLII)

2021-01-21 Abou El Naaj v. Peel Standard Condominium Corporation No. 935, 2021 ONCAT 5 (CanLII)

2021-01-18 Novak v. Peel Condominium Corporation No. 485, 2021 ONCAT 3 (CanLII)

2021-01-15 Abou El Naaj v. Peel Standard Condominium Corporation No. 935, 2021 ONCAT 4 (CanLII)

2021-01-13 Baljak v. Halton Condominium Corporation No. 371, 2021 ONCAT 2 (CanLII)

2021-01-12 Rahman v. Peel Standard Condominium Corporation No. 779, 2021 ONCAT 1 (CanLII)

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. 

Supplementary Information 

ADR Institute of Canada 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.

Source: © ADR Institute of Canada, Inc.

Ministry Announcements

Auditor General of Ontario

2020-12-07 Value-for-Money Audit – Condominium Oversight in Ontario

Ministry of Government and Consumer Services – MGCS

2021-01-07 Potential Permanent Changes to Enable Digital and Virtual Processes Survey – Public Input Request by 5 pm on February 8, 2021

Condominum Authority of Ontario – CAO

2021-01-05 Introducing Ontario’s Residential Condominium Buyers’ Guide

2021-01-01 Access and Privacy Policy

Condominium Management Regulatory Authority of Ontario – CMRAO

CMRAO Quarterly is an e-newsletter published quarterly about Ontario’s growing condominium management sector.

2021-03-18 – Winter 2021 | Vol. 4 | Issue 1


Governance Legislation

Condominium oversight 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? If not, what are you actively doing about it?

About Ontario Condominium Culture

Meanwhile …

With Sing Along lyrics. What’s in the news are problems other people have decided you should know about. What’s in the news is not an accurate depiction of life.