Enforcement Help from the CMRAO
In the case of CMRAO v. GBC Property Management Inc., two condominium corporations complained to the Condominium Management Regulatory Authority of Ontario (CMRAO) about the manager’s failure to turnover records in accordance with Section 54 of the Condominium Management Services Act (CMSA) which states as follows:
Duty re records
54 (1) Subject to the regulations and subsection (2), every licensee that provides condominium management services to a client shall immediately transfer to the client all documents and records relating to the client upon termination of any contract for the condominium management services provided.
(2) Subject to the regulations, a licensee may make and retain a copy of a document or record mentioned in subsection (1) if the licensee requires the copy for purposes relating to the contract or such other purposes as are prescribed.
(3) No licensee shall retain anything that the licensee is required to transfer to a client under subsection (1) as a means of pressuring the client to fulfil contractual obligations to the licensee.
Section 35 (1) of Regulation 123/17 under the CMSA also states as follows:
35. (1) A licensee that is required to transfer documents and records to a client under subsection 54 (1) of the Act shall do so, subject to subsection (2) of this section no later than 15 days after the termination of the contract described in subsection 54 (1) of the Act.
The interesting aspect of the above case is that CMRAO assisted the condominium corporations by applying to Court and obtained an order (for the benefit of the condominium corporations) requiring that the manager comply with Section 54 of the CMSA by transferring to the condominium corporations all records relating to the management services provided within 15 days of the order.
The CMRAO has the authority, under Section 67 of the CMSA, to bring this sort of compliance Application. And this case shows that the CMRAO is certainly willing to do so, in appropriate circumstances!
I note as well that the CMSA and Regulations set out various other enforcement measures that may be considered by CMRAO upon receipt of a complaint. Such measures include:
- Attempting to mediate or resolve the complaint.
- Giving the manager a written warning.
- Requiring a principal condominium manager to take further educational courses.
- Requiring a manager to take further educational courses.
- Referring the matter, in whole or in part, to the discipline committee.
- Suspension or revocation of a manager’s license (with prior notice and the right to a hearing).
The bottom line is that the CMRAO has powerful rights to deal with complaints involving condominium managers in Ontario.
Stay tuned to Condo Law News to keep up to date on the latest developments in condominium law!