Property Management

February 15, 2023 Published by Huronia Chapter - By Jeff Struewing

Ontario CMRAO & CAT Updates

From the CCI Huronia Winter 2023 Condo Buzz Newsletter

The CMRAO, Condominium Management Regulatory Authority of Ontario, administers licencing and education requirements of property managers. When the Condominium Act was amended in 2017, licencing and education requirements became mandatory in Ontario for property managers. Initially, there were 4 courses required which has increased to 6 courses in the last year. In addition, continuing professional education requirements were announced in the fall and effective July 1st of this year, which will require General Licensed Property Managers to complete the requirements of the program annually in order to renew their licences. Beginning July 1st of this year, 10 CPE credits will need to be acquired from eligible educational or professional development activities, with at least 1 credit from 3 of 5 categories before June 30, 2024. The five categories are:

1. Communication and Interpersonal Skills
2. Physical Building
3. Building Operations and Information
4. Legal and Ethics
5. Finance

In June each year, the CMRAO will publish a list of eligible CPE activities and the associated credits. There is potential to have activities not published added to the list by providing CMRAO a complete outline in advance for their review to determine if it meets their requirements. The CMRAO has provided a short list of potential activities that may be eligible later this year. They include:

• Pursuing formal education (course offered through post-secondary institutions)
• Attending industry conferences/seminars/webinars on topics related to or that have an impact on the condominium management industry, including those provided by CCI or ACMO
• Teaching a Condominium Management General Licence course, in-house or in an accredited college in Ontario
• Teaching the CMRAO’s Excellence in Condominium Management course
• Speaking at industry events on topics relevant to the duties and responsibilities of condominium managers
• Training sessions (online or in person) and/or webinars offered by the CMRAO or other administrative authorities on topics relevant to the duties and responsibilities of condominium managers

The CAT, Condominium Authority Tribunal, provides an on-line dispute resolution system to help resolve certain types of condo related disputes. Limited in jurisdiction in the beginning, it has been expanded. Currently, the CAT can handle issues including Condominium Records, Pets & Animals, Vehicles, Parking & Storage, Noise, Odours, Vibration, Light, Smoke & Vapour and Compliance with Settlement Agreements.

A recent decision by the CAT impacts how we treat homeowner meeting recordings. Many condominiums have moved to virtual meeting platforms like Zoom for their AGM’s and SGM’s. Most of the virtual platforms allow for recording of the meeting, which is very helpful for the minute taker to prepare the meeting minutes. Until recently, many in the industry believed that any such recordings were not official condominium records, and the minutes of the meeting were the official record. However, in a recent CAT case, the Tribunal found that the recordings were records of the condominium. If you are using a platform that records the meeting virtually or in person, the recording should be considered an official record of the condominium. The best way to handle this new requirement is for the Board to pass a resolution to set a retention period for the recordings. The draft minutes are typically produced fairly quickly following the AGM or SGM and there will need to be some time for the Board to review the accuracy as well. Setting a retention period of 90 days or 1 year should be more than adequate.

Jeff Struewing
Shore To Slope Management Services Inc.