Area of Law: Real Estate Law
Answer # 0424
Making a complaint about condo managementRegion: Ontario Answer # 0424
Initiating a complaint against condo management
If you wish to make a compliant against a licensed condo manager or management company, you can initiate a public complaint with the Condominium Management Regulatory Authority of Ontario (CMRAO). They may first attempt to resolve the issue between you and the condo manager by having you communicate with each other and try to resolve the issue between yourselves.
However, if the issue is not resolved, or if CMRAO decides there is sufficient reason to believe the complaint is legitimate, the Registrar may initiate an inspection or investigation.
This may lead to further action, such as to:
- give the condo manager a warning,
- require the condo manager to take further educational courses,
- suspend, revoke or add conditions to the condo manager’s licence,
- refuse to renew a licence, or
- refer the matter to be investigated for a possible offence under the Condominium Management Services Act.
Appeals made from the Registrar’s proposal to suspend or revoke a licence, place new conditions on a licence or refuse to renew a licence will be handled by the Licensing Appeals Tribunal.
Code of Ethics violations
Beginning February 1, 2018, alleged breaches of the Code of Ethics may be referred to the Discipline Committee and a hearing will be scheduled.
After a hearing has taken place, the Discipline Committee can order that any of the following actions be taken:
- the licensee or the principal condo manager of the licensee must take further educational courses,
- the condo management services provider must fund educational courses for condo managers employed by the licensee,
- a fine of up-to a maximum $25,000 to be paid by the licensee to the administrative authority,
- require the licensee to pay fixed costs to the administrative authority.
Penalities for offences under the Condominium Management Services Act are as follows:
- individuals convicted of an offence under the Act could be liable to a fine of up to $50,000 or imprisonment of up to 2 years less a day, and
- management companies could be liable to a fine of up to $250,000.
For more information about the regulations involving condo management, to apply for a licence, or to make a complaint against condo management, visit the Condominium Management Regulatory Authority of Ontario (CMRAO) website.
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