Spring 2023 | Vol. 4 | Issue 3
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Strategic Priorities for 2023–2024
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The CMRAO’s new Business Plan 2023–24 is informed by the Strategic Plan and outlines the priorities for the current fiscal year. It provides details about the operational activities required to achieve the strategic priorities established by the CMRAO’s Board of Directors.
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CMRAO Compliance Activities
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All CMRAO licensees are required to follow a number of rules as outlined in the Condominium Management Services Act, 2015, and its regulations, including the Code of Ethics regulation, which sets out the general obligations of condominium managers and provider businesses, and promotes professionalism, reliability, and quality of service.
The CMRAO publishes its regulatory decisions to maintain transparency and accountability to the public and its stakeholders.
LAT Decision Upholds Licence Revocation and Refusal in the Interest of Public Protection
As the result of a complaint related to the conduct of a licensee, the Licence Appeal Tribunal (LAT) upheld a decision of the Registrar to revoke a condominium manager’s Limited Licence and to refuse to issue a General Licence.
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How CMRAO Licensing Fees Are Used
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The CMRAO is a not-for-profit corporation funded through the licensing fees of condominium management licensees. The CMRAO issues licences and charges licensing fees annually in order to meet its consumer protection mandate, and to recover the regulatory costs associated with administering the Condominium Management Services Act, 2015 (CMSA).
Each year, the CMRAO reviews its finances to ensure that funds are being used effectively. Licensing fees have remained the same since they were decreased in 2019, however, there is a 4% increase that will apply to annual licensing fees in 2023 to adjust for rising costs.
Licensing fees cover the cost of operations and help the CMRAO regulate the condominium management sector. The CMRAO is committed to providing value for money and to being transparent and accountable for the efficient use of licensing fees that help us deliver our consumer protection mandate.
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Watch this short video to learn more about how CMRAO licensing fees are used .
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The Relationship Between Condominium Management and Tenants
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Ontarians continue to embrace the condominium lifestyle with unprecedented construction and an increasing number of units (there are currently over 800,000 units owned by residents and investors according to data provided by the Condominium Authority of Ontario in 2021). Condominiums continue to be an attractive real estate investment opportunity that purchasers use to offset mortgage costs while building equity. In line with this, the number of people renting in condominiums also continues to grow: Families and individuals who favour the benefits of an urban lifestyle, unique property amenities, and the advantages of this kind of community living are increasingly attracted to making their homes in condominiums.
Condominium owners/investors who rent out their units are landlords, and the landlord/tenant relationship in a condominium is different from a rental apartment building or complex. Condominiums involve systems of rules and governing documents, as well as concepts such as space ownership. Similarly, renters do not always understand that renting a condominium is not the same as renting an apartment and should know where to go when addressing certain issues.
Responsibilities of the Owner and the Renter/Tenant
Each condominium corporation has its own specific declaration, bylaws, and rules that must be followed by all residents, in addition to the overarching Condominium Act, 1998 (Condo Act) legislation. Unit owners have a duty to ensure their tenants receive copies of, and comply with, all governing documents. As outlined in the Condominium Authority of Ontario’s Residential Condominium Buyers Guide, it is the responsibility of the unit owner to ensure that the tenant abides by the condo corporation’s governing documents.
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When an owner chooses to rent their unit, they are responsible for notifying management of the leasing/tenancy agreement and providing the tenant’s contact information. Section 83 (1) of the Condo Act requires that owners have a legal duty to provide notice to their corporation within 10 days of signing a lease with a tenant.
Renters are beholden to their landlords, the condominium owner, from whom they rent their unit, and in general should approach them first for any problems they encounter in their unit, or within the condominium. In other words, the owner is the point-person for their tenant in the event of an issue (for example, maintenance) that requires resolution. It is important to note that although there is condominium legislation, the relationship between an owner and a renter is governed by separate legislation, the Residential Tenancies Act, 2006.
Role of the Condominium Manager as it Relates to Renters
Naturally, condominium managers will interact with residents—tenants included—throughout the course of a day. It is normal for managers and tenants to communicate about certain routine matters within the building, and for tenants to raise emergencies directly to management or other building personnel (in addition to raising these issues with their landlord). Tenants should expect courteous and respectful service in these interactions with management. However, tenants should also understand that condominium managers provide their services to the condominium corporation under the direction of the condominium’s Board of Directors, and that the condominium and the owner have specific obligations to each other.
There are three things tenants should keep in mind:
- The manager works for the condominium corporation and takes direction from the condominium’s board of directors.
- The condominium corporation has a relationship with the owner.
- The owner has a separate relationship with the tenant.
If a tenant has an issue with the unit they are renting, or other features of the condominium, the tenant should raise the issue with their landlord. With an increasing number of condominium renters, clarifying this hierarchy is more important than ever.
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Correction
In the Autumn 2022 issue of CMRAO Quarterly, there was an error in the infographic, which overstated the number of condominium managers holding a General Licence. The following numbers reflect the current number of all CMRAO licensees, as at March 30, 2023.
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The CMRAO handles complaints by conducting inspections and investigations, assisting in issues resolution, holding discipline hearings, and taking corrective actions. What follows is a summary of the complaints received over the last year. This is information the CMRAO will be sharing about the work we do to protect consumers and regulate Ontario’s rapidly growing condominium management sector.
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The CMRAO has received numerous questions about the difference between licensing and condominium managers’ membership in an industry association, specifically the Association of Condominium Managers of Ontario (ACMO) and their Registered Condominium Manager (RCM) designation.
The CMRAO is mandated by the Government of Ontario to license and regulate the condominium management profession. Individuals and businesses providing condominium management services in Ontario are required to have a valid licence issued by the CMRAO.
Industry associations have a valuable role to play in Ontario’s growing condominium management sector and set standards for their membership, including the terms and conditions that must be fulfilled to become a member and to continue their membership.
The CMRAO has no jurisdiction or control as it relates to industry associations, and any questions related to membership should be directed to the respective association. Licensing is not the same as an RCM. It is mandatory for condominium managers to have a licence to provide their service, whereas membership in an industry association and meeting the standard to have an RCM is voluntary.
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The CMRAO's blog provides relevant, timely, and valuable information to help condominium managers better understand their role as licensed professionals. Here are some recent posts:
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Holding a Limited Licence is an essential step in beginning a career in condominium management. Not only is it an “entry-level” ...
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On November 15, 2022, the CMRAO released its new Continuing Professional Education (CPE) framework for condominium ...
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Tell Us What You Think!
If you have any ideas or topics you would like to see covered in an upcoming issue of CMRAO Quarterly, please send us an email and let us know.
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About this newsletter:
CMRAO Quarterly is an e-newsletter published quarterly by the CMRAO for stakeholders.
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Condominium Management Regulatory Authority of Ontario (CMRAO)
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Meeting Standards. Creating Trust. Building Confidence.
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