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Condo Managers

Step 3: Find Solutions

Here’s what to do now that you’ve identified your issue and reviewed your legal obligations.

Keep track of the issue

Keep a record of what you’ve been experiencing with as much detail as possible

Date and time

Type of issue

Any other details that may be relevant


Contact the condo manager or condo board

You can request a meeting with your condo manager or board or request the name of the person responsible for managing your condo corporation. You should also understand the roles and duties of a condo manager.

Speak to your condo manager or board member about your issue. Speaking to them about the issue may resolve it quickly.

You may wish to request an owners’ meeting if no resolution is found after contacting your condo board and if other owners are experiencing the same issue with the condo manager.

Remember condo owners cannot terminate a management agreement or a condo manager. It is ultimately the board’s responsibility.

Use one of our letter templates if you do not feel comfortable speaking to your condo manager or board in person or if you’ve spoken to them already and the issue has not been resolved. Copy the condo board or corporation to notify them of the issue and give them an opportunity to address it. Keep a copy, noting the date and time.


Follow up

Follow up with if you’ve given them a reasonable opportunity to respond but the issue has not been resolved.

 

What if these steps don’t resolve my issue?

You may be able to file an application with the Condominium Management Regulatory Authority of Ontario if you’ve tried all the steps above and the issue hasn’t been resolved.

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Condo Managers

Step 4: Escalate the issue

Condominium Managers is an issue you cannot take to the Condominium Authority Tribunal.

There are three ways that condo managers issues are typically escalated: Mediation, arbitration, or through the Superior Court of Justice.

Mediation

Mediation is a process where a neutral facilitator tries to bring the parties to a mutually agreeable solution. Mediation is often less costly and it gives parties an opportunity to collaborate on finding a solution with which everyone is comfortable.

Arbitration

Arbitration is a process where a neutral arbitrator hears from both sides and makes a ruling on the issues. The parties involved in the dispute present evidence and the arbitrator makes a binding decision which can be appealed in some cases.

Seeking a compliance order from the Superior Court of Justice

Owners and condominium corporations can ask the court to make an order requiring compliance with any provision of the Act or the governing documents.

You may be required to go through mediation or arbitration before proceeding to the Superior Court of Justice, depending on the nature of your dispute.

What if my dispute relates to my condo's governing documents?

You must try to resolve your issue through mediation or arbitration first before seeking compliance from the SCJ. This differs from other case types, which you can take to the SCJ directly if you prefer.

Section 132 (4) of the Act deems all condo corporations to have a provision in their declaration requiring that disputes about the governing documents must proceed first to mediation then arbitration.

Check section 134 of the Condo Act for more information about compliance orders.

The CMRAO complaints process

The Condominium Management Regulatory Authority of Ontario complaints process is a legal process that is designed to evaluate whether a licensed manager or licensed management company has violated the governing Condominium Management Services Act and the code of ethics.

The three-step CMRAO process can take up to 60 days or longer and includes:

  1. initial assessment
  2. information gathering
  3. review and decision

Complaints the CMRAO handles

Condo owners need to understand the CMRAO’s jurisdication before launching a complaint. This includes whether management has:

  1. Provided services without a valid licence
  2. Not disclosed a conflict of interest
  3. Solicited proxy forms in contravention of the CMSA
  4. Failed to use its best efforts to prevent fraud or errors
  5. Failed to protect the best interests of the condominium corporation.

The CMRAO will not handle complaints about repairs, maintenance or construction projects, liens, corporation records or other issues that are the responsibility of the condo corporation’s board of directors. Condo owners with a complaint in one of these areas should speak to their condo manager, management company or board first and, if unresolved, direct their complaint to CAO for guidance.


Determine the nature of your complaint

You should try to resolve your issue with the condo manager and conduct due diligence before filing a formal complaint with the CMRAO because that launches a legal process.

Ask yourself the following questions:

  1. Is this something that can be resolved amicably in one-to-one discussions?
  2. Have I laid out and explained my issue in writing thoroughly?
  3. Have I raised the issue directly with the manager or management company first?
  4. Have I brought the issue to the attention of the board if I did not get a satisfactory response?
  5. Have I reviewed other options if I am still not satisfied?
  6. Have I reviewed the CMRAO complaints process thoroughly before submitting my complaint against the condo manager or management company and do I understand the timing and scope of their investigation and decision-making process?

Registrar’s decision

The registrar of the CMRAO will contact the condo manager after receiving a complaint, consider both points of view and then apply one of the following resolutions:

  • Try to resolve the complaint through some form of the mediation process. This entails getting you and the condo manager to communicate with each other to solve the problem.
  • Issue a written warning to the condo management. This letter may caution the condo manager to cease the activity which leads to the complaint or face further action from the Registrar.
  • Require the manager to take additional educational courses to solve the behavior. This might be useful if the offending behavior was the result of ignorance on the part of the condo management.
  • Place the manager under suspension or rescind their license.
  • Escalate the issue to the discipline committee. This solution is often applied in cases where there has been a breach in the registrar’s code of ethics.
  • Take further action against the condo manager according to the severity of the matter and based on current legislation.

The CMRAO’s discipline committee is responsible for hearing cases related to complaints against condo management. They also decide if the manager’s behavior was against their code of ethics.

Condo managers who violate the code of ethics must take additional courses to improve their ability to do the job, pay a fine of up to $25,000 or go to jail depending on the severity of the offense.

Condo management companies who violate the Condominium Management Services Act face fines of up to $250,000.


Further legal action

You will need to hire a lawyer experienced in condominium law and file a lawsuit against the management company if your complaint is outside of the scope of the CMRAO.

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Condo managers

Step 3: Find Solutions

Read the following scenarios for owners or condo corporations, depending on your situation, and try the recommended steps to resolve your issue collaboratively before taking any further action.

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Condo managers

Step 2 – Legal Considerations

Duties are set out in a contract between the condo management company and the condo corporation or an employment agreement if the condo manager is hired as an employee of the condo corporation. Arrangements vary by condo corporation and condo management company.

Condo managers may be responsible for:

  • Creating and maintaining records for the corporation
  • Responding to owners’ inquiries, issues and complaints
  • Coordinating the maintenance and repair of the condo property and regular inspection
  • Hiring and monitoring the performance of service providers, including staff and contractors
  • Collecting common expenses and coordinating follow up for unpaid amounts
  • Implementing an emergency management plan and responding to emergencies
  • Reporting on the affairs of the corporation on behalf of the condo board
  • Organizing board and owners’ meetings and issuing applicable meeting notices
  • Preparing financial reports and arranging for audits
  • Preparing status certificates
  • Monitoring the corporation’s insurance
  • Drafting annual budgets and advising the board on its financial responsibilities such as contributions to the reserve fund and long-term reserve planning
  • Advising and assisting the condo corporation or board in complying with the Condo Act.

Condo corporations are legally required to take action to address contraventions of the Condo Act or the corporation’s governing documents.

What does the Condo Act say?

Section 56 (1) (d) of the Condo Act allows condo corporations to create by-laws that govern the appointment, remuneration, duties and process for removal of employees of the corporation including condo managers.

Section 56 (1) of the Condo Act allows condo corporations to create by-laws to govern the management of the property.

Section 17(3) of the Condo Act requires condo corporations to ensure that everyone, including condo managers, complies with the Condo Act and the condo corporation’s governing documents.

Section 17.0.1 of the Condo Act states that a corporation must not enter into an agreement with a condo management provider or a condo manager to receive condo management services unless the provider or manager is licensed under the Condominium Management Services Act.


Other legal considerations

Condo boards can hire a condo manager via a contract between a condo corporation and condo management company. The duties, responsibilities, remuneration and other aspects are set out in a management agreement and the condo management company arranges to provide services through one or more individuals. The condo manager, in this case, is not an employee of the condo corporation but instead an employee of the condo management company.

Condo management companies must also be licensed by the CMRAO and are listed in their condo registry.

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Parking and storage

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

1

Learn about human rights accommodations under the Ontario Human Rights Code

If a condo owner has requested accommodation related to parking or storage, it’s important to handle the request thoughtfully and courteously. Take a moment to review the information available through the Ontario Human Rights Commission so you can understand the types of accommodations under the Code.

You may also want to review information on our website regarding the Code and your condo’s governing documents.

2

Respond to the request

It is helpful to have a conversation with the requester to discuss the accommodation before making a final decision. You may be able to work with the requester to identify an accommodation that works for everyone.

Make sure to respond in writing and outline if:

  • You are granting the accommodation
  • You need more information about the accommodation                                 
  • You want to discuss possible options for accommodation
  • You are refusing to grant the accommodation, with reasons provided.

You may wish to seek legal advice if you are unsure of how to respond.

Consider using the Documentation Template to stay organized.

Use our sample parking and storage letter templates for condo corporations

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Parking and storage

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

1

Learn about governing documents and make the change

You can modify the governing documents by adding, removing or changing provisions, but you first need to identify which governing document you need to change. Provisions related to parking and storage will most likely be included under the declaration or rules.

See our pages on governing documents to understand what aspect of condo life is governed by each and how changes can be made to each. Changes to each document will have different requirements for meetings, quorum, written consent and/or voting.

Making thoughtful, well-communicated changes to your governing documents can help set clear expectations and maintain a positive condo environment and reflect the current needs of the community.

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Parking and storage

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

1

Identify who is causing the issue

Investigate the cause of the issue, including by speaking to those who reported it. If a resident is causing the issue, confirm if they are an owner or occupant by checking the Record of Owners and Mortgagees or Record of Leased Units.

Take time to review your governing documents to determine whether there is a relevant provision. If there is, those bound by the provision must comply with it and your board must take reasonable steps to ensure that everyone complies with both the Condo Act and the condo’s governing documents. If the parking or storage issue involves an area that falls within shared facilities, you should also review any relevant shared facilities agreements to see if there are any terms that apply, as well as any joint rules and by-laws.

If there isn’t a relevant provision, consider broader owner outreach to understand the needs of the condo community. You may also wish to consult a lawyer if a new provision rule is found to be necessary.

Condos must maintain a Record of Owners and Mortgagees under section 46.1 of the Condo Act & a Record of Leased Units under section 83 (3) of the Condo Act.

2

Consider an informal inquiry or conversation as discussed in Step 2: Plan your approach

Taking the time to speak informally can often lead to a quicker and more cooperative resolution while maintaining a positive condo environment. Even if the approach may not have resulted in a change in the issue or your perspective, or you were unable to make contact, it is important that you made a genuine attempt. It Is not uncommon to make more than one attempt and engage in more than one informal conversation.

3

Formally contact the individual causing the issue

Speak to whomever is causing the issue. They may not be aware, so speaking to them about it may resolve the issue quickly.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.

Here is where to direct the letters:

In this initial communication, you may want to identify:

That they can formally request accommodation, if applicable

The provisions they may have violated

How they can resolve the issue

The board’s next steps if the issue continues

 

Your condo’s governing documents may set out a specific timeframe for resolving the issue. If they do not, you should give the owner or occupant a reasonable amount of time to resolve the issue.

4

Follow up if you do not receive a response

Your condo’s governing documents may set out a specific timeframe for resolving the issue. If they do not, you should give the owner or occupant a reasonable amount of time to resolve the issue.

5

Determine your next step

Depending on how the owner or occupant responds, you could:

  • Call a meeting to discuss how the issue could be resolved with the owners and anyone else affected
  • Learn more about how to handle a request for accommodation if a resident requests one.
  • File an application with the Tribunal
    • You may not be able to file an application with the Tribunal if the dispute does not relate to provisions in your condo corporation’s governing documents dealing with parking or storage.

Visit Step 4: The Condo Authority Tribunal for more information.

Use our sample parking and storage letter templates for condo corporations

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Parking and storage

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

1

Learn about human rights accommodations under the Ontario Human Rights Code

Take a moment to review the information available through the Ontario Human Rights Commission so you can understand if you have a right to accommodation under the Code.

You may also want to review information on our website regarding the Code and your condo’s governing documents.

2

Request an accommodation from your condo corporation

If you have the right to an accommodation, your next step is to write to your condo board to request an accommodation. Written requests help ensure clarity and provide a record of the accommodation process. Follow‑up conversations may also be helpful in discussing possible solutions.

You can use our letters templates below and adapt them as needed. Make sure you also keep a copy of the letter or email for yourself and note the date and time you sent it.

Once your request is received, your condo corporation will typically reach out to you to discuss it.

It is important for you and your board to work collaboratively and cooperatively to come up with an accommodation that will meet everyone’s needs. You should participate in discussions about potential solutions with your corporation.

3

Contact the Human Rights Legal Support Centre

If your condo does not grant your accommodation request, you may want to review the information available through the Human Rights Legal Support Centre

The HRLSC may assist you in working with your condo corporation to resolve your disagreement with your condo. If needed, they might assist you in filing an application with the Human Rights Tribunal of Ontario.

The HRLSC is a not-for-profit provincial agency that provides free legal assistance to individuals who feel they have experienced discrimination under the Code.

4

Contact the Human Rights Tribunal of Ontario

Consider filing an application with the HRTO if you have followed the steps above and your condo does not grant your accommodation request. You may wish to seek legal advice if you need assistance filing an application with the HRTO.

The HRTO is a tribunal that resolves cases dealing with discrimination and harassment under the Code.

5

Determine your next step

Depending on the type of issue you are experiencing, you can consider filing an application with the Condominium Authority Tribunal if you’ve tried the above and have been unable to resolve your issue. The CAT can only hear Code-related issues if those issues are related to a dispute that falls within its regular jurisdiction.

You may not be able to file an application with the Tribunal if:

  • The dispute does not relate to provisions in your condo corporation’s governing documents dealing with parking or storage.
  • There is a decision or order from the HRTO that deals with the same issues.

Consider using the Documentation Template to stay organized.

Visit Step 4: The Condo Authority Tribunal for more information.

The Supreme Court of Canada decided in Tranchemontagne v. Ontario (Director, Disability Support Program), [2006] 1 S.C.R. 513, 2006 SCC 14, that all tribunals are obligated to deal with Code-related issues but only if those issues are related to a dispute that otherwise falls within the CAT’s jurisdiction.

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Parking and storage

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

  • Describe your situation
  • I think the governing documents are inconsistent, unreasonable or have been improperly implemented
1

Confirm the type of issue

The declaration, by-laws and rules taken together make up your corporation’s governing documents. There are three main types of issues that these documents could have:

  • Consistency issues
  • Reasonableness issues
  • Procedural requirements issues

2

Consider an informal inquiry or conversation as discussed in Step 2: Plan your approach

Taking the time to connect informally with your condo representative, following the communication tips in Step 2, can often lead to a quicker and more cooperative resolution while maintaining a positive condo environment. Even if the approach may not have resulted in a change in the issue or your perspective, or you were unable to make contact, it is important that you made a genuine attempt. It Is not uncommon to make more than one attempt and engage in more than one informal conversation.

3

Formally contact your board

Your condo corporation may not have understood your informal inquiry or conversation or may not know about the issue. They may agree with you about changing the governing documents. While the first step should always be to speak to them and see if you can quickly resolve the issue without needing to further escalate it, a letter may be clearer and assist with documentation purposes.

You can use our letters templates below and adapt them as needed. Make sure you also keep a copy of the letter or email for yourself and note the date and time you sent it.

Consider using the Documentation Template to stay organized.

4

Determine your next step if your condo corporation has not responded

If you have given the condo reasonable opportunity to respond and they have not done so, you can send a follow-up letter or email about this issue. Keep a copy of your communication and note the date and time that you sent it.

You can consider filing an application with the Condominium Authority Tribunal if your corporation does not respond.

You may not be able to file an application with the Tribunal if the dispute does not relate to provisions in your condo corporation’s governing documents dealing with parking or storage.

Visit Step 4: The Condo Authority Tribunal for more information.

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Parking and storage

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

1

Gather information and facts

Take time to review your governing documents and confirm if there is a relevant provision that is applicable. If there is, those bound by the provision must comply with it and your board must take reasonable steps to ensure that everyone complies with both the Condo Act and the condo’s governing documents. If the parking or storage issue involves an area that falls within shared facilities, you should also review any relevant shared facilities agreements to see if there are any terms that apply, as well as any joint rules and by-laws.

You can read more about how to raise your concern with the board if you have issues with the provision, but is important to remember in the meantime that those bound by the governing documents must comply with them. Communicate with your board early and often about this to explore early resolution options and be aware that owners or condo corporations may file a Tribunal application against you if there is a relevant provision that you are required to comply with, and you do not do so.

Consider using the Documentation Template to stay organized.

2

Consider your next steps

If an individual or your condo corporation has raised a concern, take some time to understand the issue and consider your response. It is best to respond early and courteously and at least acknowledge their outreach, even if you are unsure of what else to say. Whether or not the issue is based on a specific provision in your condo’s governing documents, it is often in everyone’s best interest to work toward a resolution and maintain a positive condo environment. Here’s some suggested actions you can take depending on your situation:

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