The Complaint Process under the CMSA
As we previously reported, section 57 of the Condominium Management Services Act (“CMSA”) establishes a complaint process under the new licensing regime. And now, the proposed regulations under the CMSA (circulated by the Ministry on August 30, 2017) provide further insight into the complaint process.
Here’s what we already knew about the complaint process under section 57 of the CMSA:
– Anyone can bring a complaint against a condominium manager, as long as the complaint is made to the Registrar appointed under the CMSA;
– Based on our interpretation, a complaint can be made against a condominium manager for:
– Any alleged violation of a condominium manager’s obligations under the CMSA; or
– Any alleged violation of the Code of Ethics.
– Once a complaint is received, the Registrar has the authority to investigate the complaint and can request information from any
– Licensees must respond to the Registrar’s request for information as soon as practicable.
– In responding to a complaint, the Registrar can choose from several options, including resolving the complaint themselves or referring the complaint to the discipline committee.
Now, with the proposed regulations under the CMSA, we have further insight into how the Registrar will investigate complaints, and the obligations that condominium managers will likely have in relation to such complaints. Here is what the proposed regulations appear to be telling us:
– The Registrar must give notice to specific individuals when making a request for information to investigate a complaint. Specifically, the Registrar must give notice as follows:
– If the request for information is made to a condominium management provider, the Registrar will send notice to the principal condominium manager of that firm; or
– If the request for information is made to a condominium manager, the Registrar will also give notice to the principal condominium manager that employs the manager.
– If the Registrar takes any action against a licensee in response to a complaint, the Registrar will give notice of such action to:
– The licensee’s principal condominium manager, if the licensee is a condominium management provider;
– The licensee’s principal condominium manager and the licensee, if the licensee is employed by a condominium management provider; and
– The licensee and the condominium’s board of directors, if the licensee is a condominium manager employed directly by a condominium corporation.
– Further, a licensee cannot obstruct or interfere with any of the following:
– Someone making a complaint to the Registrar about a licensee;
– Providing information requested by the Registrar relating to the conduct of a licensee or a potential contravention of the CMSA or the CMSA’s regulations.
The intent of the regulations seems to be that if the Registrar requests information to investigate a complaint about a condominium manager, or the Registrar takes action against a condominium manager respecting a complaint, both the condominium manager and their employer (if applicable) will receive notice from Registrar.
Stay tuned to Condo Law News for more in our series of blogs coming shortly to give more details and comments about these proposed regulations. Next up will be our review of the discipline process.