Condominium Real Estate Governance – Qtr2/21 | Condorary

Updated: 2021-04-14

Estimated reading time: 8 minutes

Culture » Ontario Condominium Real Estate Governance

The ultimate guide to condominium oversight in Ontario. Top 3 movers and shakers tasked with settling down the troubled condo industry.

Introduction

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

Is it not so that the seductive tune of authoritarianism floating over communalism cannot be heard over a bluetooth connection? The ascending power over people who feel helpless, confused or are detached for any reason is the fluid music that pumps through 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 compassionate song writer is our elected Government of the day with the power to change or leave 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. Sorry, no guitar.

A disco note is for you to be aware that the intent to shape attitudes and behaviour through communitarianism is a centuries old, subtle ongoing groupthink reality fluctuating for better or worse. Legislating the passions of people is unnecessary when the spiritual virtues are elevated into everyday personal consciousness. 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?

Moving on to learn to Shuffle dance.


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?

Condo Residents Working from Home – What to Say When Asked for Advice The CMRAO has received inquiries about how condominium managers should respond to residents who want guidance on claiming work-from-home expenses on their 2020 income tax returns. With the ongoing pandemic resulting in thousands of Ontarians working from home, condominium managers may be approached with interesting income tax–related questions and scenarios.

Source: © Condominium Management Regulatory Authority of Ontario – CMRAO .

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

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.  

Video

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.

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.

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 – 4, (Ytd – 30).

In the beginning, the Tribunal focused on misunderstandings around condominium records required to be kept by Boards and made available to owners. Since October 1, 2020, the subjects of Pets and different animals, Vehicles, Parking and Storage and Compensation costs associated with Declarations, Bylaws and Rules are being heard.

To date, the Tribunal has ruled on 146 submissions from more or less than 12,000 buildings over 39 months starting January 1, 2018. Does this mean that 98% 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.

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 culture? 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

2021-04-13 Harrison v. Toronto Standard Condominium Corporation No. 2714, 2021 ONCAT 30 (CanLII)

2021-04-12 Harrison v. Toronto Standard Condominium Corporation No. 2714, 2021 ONCAT 29 (CanLII)

2021-04-09 Mason v. Toronto Standard Condominium Corporation No. 1826, 2021 ONCAT 28 (CanLII)

2021-04-08 Ahmadi General Trading Inc. et al. v. Toronto Standard Condominium Corporation No. 2519, 2021 ONCAT 27 (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

2021-04-07 Extension of Temporary Legislative Amendments Related to Virtual Meetings

Condominum Authority of Ontario – CAO

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Condominium Management Regulatory Authority of Ontario – CMRAO

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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.