Legal

June 3, 2025 Published by London and Area Chapter - By Trish Kaplan

Do We Educate Condominium Owners Enough?

From the CCI Review 2024/2025-2 December 2024—February 2025 issue of the CCI London Chapter

Frequently, as board members and managers, we are mindful that not all condominium owners have accurate information about the community they have made substantial investments in and chosen to reside. From time to time, that may create a basis for contentious subject matters relating to the board’s and/or manager’s responsibilities as defined in the Condominium Act and the corporation’s governing documents.

Managers are required to participate in Continuing Professional Education (CPE) requirements as part of their annual General License renewal process with the Condominium Management Regulatory Authority of Ontario (CMRAO). A list of pre -approved educational activities for this CPE program can viewed on the CMRAO website. CCI participates in the CPE program requirements.

Directors are required to complete the online mandatory Director Training within 6 months of being elected or appointed as a director. That training is valid for 7 years. They are encouraged to participate in educational activities to best serve their communities and owners.

While owners have no requirements to familiarize themselves with the legislation and all that is required to manage the corporation, participation in learning and networking activities through the local chapters of CCI has its benefits for all who live and lease in condominium properties.

Owners can also subscribe to the Condominium Authority of Ontario (CAO) newsletter releases delivered straight to their inbox and if interested, can opt to take part in advisory panels or user testing groups here. 

It is important that owners are aware of the board’s obligations; but also of their own duties as shareholders of the corporation so that everyone is on the same page with the goodwill to protect the harmony within the communities that we all aspire to experience. 

Boards are provided opportune occasions to share information with owners that will guide them and be helpful to all involved in the operations of the community. Then it is more likely they are prepared to defuse disputes that  may emerge between owners and those who manage the corporation. 

Annual General Meetings of owners, that are required can be excellent opportunities for boards to initiate information and discussion on matters that are significant for owners to enjoy their homes. These meetings can also create suitable times for owners to express their appreciation for the work that directors do on behalf of the community. Not every owner has an interest in serving on the Board of Directors in their communities

Instances of specific topics to address can come up in the day to day operations of every corporation. Owner enquiries or objections they may share with the manager/board are often great topics you might  consider including in meetings of owners. 

It has been my experience that owners and directors appreciate receiving links to resources that can help them better interpret the legislation in their own time. The guides and resources that are available on the Condominium Authority of Ontario (CAO) here.

In this day of misinformation, it can’t go wrong to take earliest opportunities via Newsletters to clarify developments in the community, before the grapevine (which moves very fast at times) takes over. Owners will appreciate the effort and the information you share. By including education among owners, including what CAO has to offer, in your newsletter may even support a decline in the number of calls to the management.

Some reactions where an owner might have an issue can be established by sharing information. 

The Board of Directors is accountable to manage the property, assets and affairs of the corporation (Sections 17 and 27 of the Condominium Act) and further, the Board has a responsibility for the standard of care defined in the Condominium Act (Section 37).  

What does the standard of care mean? 

• Financial due diligence
• Long-term sustainability of assets
• Proper oversight of condo managers To disclose conflicts of interest.

Maintenance, including what may be required within an exclusive use area of the common elements, comes under the board’s obligation to attend to. Sometimes, the expertise of professionals is required, as is the necessity to enter a unit. Owners who may not be familiar with the Condominium Act, may object to the need for the corporation to enter their personal space, which could potentially delay much needed maintenance. 

Section 19 – Right of Entry of the Condominium Act states: 

1. On giving reasonable notice, the corporation or a person authorized by the corporation may enter a unit or a part of the common elements the corporation or its agents are authorized to enter a unit (or part of the common elements of which an owner has exclusive use) at any reasonable time to perform the objects and duties of the corporation or to exercise the powers of the corporation. 2015, c. 28, Sched 1, s. 16.
2. Subject to any conditions or restrictions in the regulations, the declaration or a by-law may permit the corporation or a person authorized by the corporation to enter the unit or part of the common elements of which the owner has exclusive use without prior notice to the owner in the event of an emergency or other event or circumstance as is prescribed. 2015, c. 28, Sched. 1, s. 16

Another method for owners to become better informed is for directors to share information about their own continuing education at CCI events. This is a significant share to owners as it portrays the additional time you are devoting to learn and to reassure them of your commitment to the responsibilities you have undertaken to manage on everyone’s behalf. 

It bears repeating too, that we would certainly welcome the participation of owners at the events. This may also assist boards in filling vacancies on their board. It can be a game changer in your corporation.  

How could we not be impressed by the conscientious owners who have attended our CCI events, not because they were directors or even aspired to be; rather they felt an obligation to be informed enough to protect their investment and ensure they would not be looked upon as a cause of any particular development that would mar their life in the condominium community they chose to live in. They were appreciative by what they learned and also for the opportunity to meet other owners who chose to live in condominium communities. They considered the opportunity to meet representatives from businesses in the community that they might consider for their own personal need for services an additional bonus. We encourage and welcome all owners to take that stance.  

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Trish Kaplan, CCI (Hon’s) is the part-time Administrator of the Chapter.; having served in the position from April 2003 to September 2010. She received the CCI Distinguished Service Award from CCI National in November 2006.  

Trish served as a director on the chapter board from 2010-2015 and was subsequently returned to the position of Administrator.

Trish is a condominium owner, served as a director in the corporation she resides in for a time and is a retired condominium manager.

condominium manager. Her experience in different areas of condominium continues to be a benefit to the chapter and its members.