CMRAO Quarterly: Summer 2021

Summer 2021 | Vol. 3 | Issue 2

Transferring Condo Corporation Records – A Superior Court Decision

The CMSA requires licensees to transfer all records and documents relating to the corporation back to the client (the condominium corporation) within 15 days upon termination of the condominium management services contract. The outgoing licensee may transfer the records to the incoming condominium manager or management provider business, if requested by the client.

In a recent case presented by the CMRAO to the Ontario Superior Court of Justice, it was found that a condominium manager and management provider business (the respondents) failed to comply with this requirement.

In early 2021, the CMRAO received two separate complaints, alleging that the respondents had not transferred records to the condominium corporation after the termination of their contracts. In both complaints, the CMRAO contacted the respondents on multiple occasions to remind them of their obligations to transfer records. In each instance, the respondents failed to comply with the CMRAO’s direction. Subsequently, the CMRAO filed an application with the Ontario Superior Court of Justice under section 67 of the CMSA, seeking an order that the respondents transfer all records related to the clients.

On June 22, 2021, the Ontario Superior Court of Justice ordered the respondents to transfer all documents and records relating to management services provided for the corporation within 15 days of the date of the Order. The respondents were also ordered to pay costs in the amount of $7,500 to the CMRAO within 90 days of the date of the Order.

The respondents have allowed their licences to expire and are no longer providing condominium management services.

The timely transfer of records is essential to professional condominium management. It is also a legal requirement that the CMRAO will enforce as part of its mandate to protect consumers in Ontario’s rapidly growing condominium industry. The CMRAO has developed various resources to help condominium managers meet their legal and ethical obligations related to records management:

Other CMRAO Compliance Activities

Waterloo Regional Police Charge Former Condo Manager

Earlier this year, the CMRAO became aware of fraud charges laid against a condominium manager in connection with alleged financial losses exceeding $500,000 suffered by several condominium corporations in the Kitchener-Waterloo area. In March 2020, in response to numerous complaints, the Registrar of the CMRAO became concerned about financial irregularities and proposed to suspend the individual’s licence. The individual is no longer licensed to provide condominium management services.

Convictions Related to Unlicensed Practice

The CMRAO is committed to ensuring the integrity of its licensing system, and will pursue all cases of unlicensed practice to fulfill its regulatory mandate. In August, the CMRAO concluded an investigation related to unlicensed practice at a condominium corporation in Toronto that resulted in several provincial offence convictions.

Visit the website to learn more about the CMRAO's compliance activities.

Licensing Update

Coming Soon: New Education Program

This Spring, the CMRAO entered into an agreement with Humber College for the development and delivery of the new education program for condominium managers in Ontario.

After publishing a competency profile, curriculum roadmap, and six course blueprints, the CMRAO then collaborated with Humber College to develop the first course of the new curriculum, Excellence in Condominium Management, which will be mandatory for anyone applying for a Limited Licence as of November 1, 2021.

On November 1, 2021, the authority for designating education requirements for condominium manager licensing will transfer from the Minister of Government and Consumer Services to the Registrar of the CMRAO. On this same day, the first course of the new education program will be launched and available online.

The new program will consist of six courses focused on establishing a strong foundation of financial, legal, technical, ethical, and management acumen for condominium managers.

The agreement signed by the CMRAO and Humber College will ensure that the courses to train for a meaningful, stable condominium management career are available to all licence applicants across the province over the OntarioLearn platform. For more information about the future education courses, visit the CMRAO website.

2020–21 Annual Report Highlights Significant Year of Growth for the CMRAO

Like many other organizations, the CMRAO had to adapt to challenges caused by COVID-19. Despite the difficulties, the CMRAO achieved significant milestones and prepared for key organizational developments that lie ahead. The 2020–21 Annual Report highlights the activities performed by the CMRAO during this eventful and record-breaking fiscal year.

View the report

Extension of Transitional General Licences to Complete Education Requirements

In May 2021, the Ontario government amended Ontario Regulation 123/17 under the Condominium Management Services Act, 2015 (CMSA) to extend the time for Transitional General Licensees to complete the education and exam requirements to apply for a General Licence. This change was made in recognition of the exceptional challenges that condominium managers and management provider businesses have been facing as a result of COVID-19, and the difficulties individuals have had completing their education program.

This allowed Transitional General Licensees to renew their licence for one more year as part of the 2021–22 licence renewal cycle. Transitional General Licensees who renewed their licence for the 2021–22 licensing year will not be able to renew their licence again. Transitional General Licences will expire on June 30, 2022.

To continue providing condominium management services beyond June 30, Transitional General Licensees will either have to complete their education program and apply for a General Licence, or apply for a Limited Licence, which will come with certain limitations (Limited Licensees are not able to perform all the duties of a General Licensee).

Part of successful regulation in the public interest involves ensuring that licensees meet a defined standard of education. To learn more about the education requirements, visit the CMRAO website.

Ask the CMRAO Webinar

Join us on Friday, October 15, 2021, for the Ask the CMRAO Webinar with Ali Arlani, CEO and Registrar, and Sandy Vizely, Deputy Registrar. Hear answers to questions received from Ontario’s condominium management sector this year. Topics covered will include the CMRAO’s operations, future education requirements, as well as the complaints and discipline processes. This is an opportunity to learn more about the CMRAO and its regulatory role in Ontario’s condominium management sector.

Complaints

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.

Progress on the Auditor General of Ontario’s Report Recommendations

The Office of the Auditor General of Ontario (Auditor General) published a report with four key recommendations for the CMRAO, including proactive identification of unlicensed individuals and businesses, and bringing them into compliance. In February 2021, the CMRAO posted its Implementation Plan on the Auditor General of Ontario’s Recommendations, and continues to make progress in addressing the recommendations.

The CMRAO has begun reviewing all cases associated with unlicensed practice and has contacted the board members of over 150 condominium corporations. As part of the CMRAO’s commitment to transparency, updates will be posted on the website as progress is made.

View the preliminary findings

Positive Response to Call for Subject Matter Experts

In June, the CMRAO posted a call to recruit subject matter experts (SMEs) to help with the development of regulatory examination questions that form part of the new condominium manager education program. The CMRAO received numerous applications from across the condominium sector (including managers, directors, and owners/residents) with diverse professional specialties, such as finance, engineering, and condominium law.

The SMEs participating in this process have been, and continue to be, instrumental in setting the new standards for condominium management across the province. SMEs were invaluable to the development of the Competency Profile for Condominium Managers – the foundation of the new education program – as well as the curriculum and course blueprints of the new education program. Collaboration with industry professionals ensures that the CMRAO’s new education program is grounded in the realities of day-to-day condominium management in Ontario. The positive response to the call demonstrates the importance and significant value that these courses will have in the sector.

Learn Even More

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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