Who's in charge around here?
It must get confusing for Ontario condo directors when they try
to decipher who they have to listen to — the Condominium
Authority of Ontario ("CAO"), the
Condominium Management Regulatory Authority of Ontario
("CMRAO"), the Condominium Authority
Tribunal (the "CAT"), the courts, the
Canadian Condominium Institute ("CCI"),
Community Associations Institute("CAI"),
Association of Condominium Managers of Ontario
("ACMO"), or their own lawyers —
to get a handle on what the law says and who the correct authority
might be.
Here's the bottom line:
- The Condominium Act, 1998 (the "Act"), and its Regulations (along with other applicable legislation) set out the law. This is your government speaking. They are the top dogs, and these are the top docs.
- The courts and the CAT have authority to interpret and apply the law to near finality in appropriate cases. Tribunal decisions do not form legal precedent, but they do have authority (i.e., you have to obey them when they apply to you) and influence. Court orders are appealable and reversible, to a point, but ultimately, when the court says "it's the law," it's the law.
- The CAO regulates condominium forms, the online condominium registry, and is a sound source of information on many facets of condominium law and administration for all condo directors and managers. It is also the sole provider of the mandatory education that every condominium director in Ontario is required by the Act to take. The CAO is also the parent organization of the CAT, though its members are independent of it for all purposes relating to the mediation and adjudication of condominium disputes within its jurisdiction.
- As for the CMRAO – they regulate, license, and discipline managers, not condominiums, and not their directors. In fact, they have nothing to do with condo directors other than helping make their lives easier by helping to make their managers better at what they do. (Having said that, the CMRAO's administrative or disciplinary actions in relation to managers can impact your condominium in various ways... ideally always for the good)
- When it comes to CCI, CAI, ACMO and other organizations like them, large and small, they are long-standing participants in the condominium community and industry, who often provide excellent education, but have no formal government authority. They are not in competition with the CAO; they provide additional, but optional, educational programs, usually at a reasonable cost. They also provide the opportunity for stakeholder and service-provider networking (typically giving directors with excellent access to condominium experts) and are effective at coordinating collective action (such as the fair tax campaign spurred by CCI and others many years ago).
- As for your lawyers... well, we (and other professionals) are your friends. We, like you, look to, and help inform, those other sources. We don't make the law. Our job is to help you navigate the terrain that the law, the courts, and the Tribunal create. Hopefully, we do that in good faith, supporting yours. At least, I know that's what we in the Condominium and Strata team at Miller Thomson LLP strive to do.
Ready to navigate Ontario's condo regulatory and legislative landscape with confidence?
Understanding who's in charge is just the beginning. Our Condominium and Strata Group at Miller Thomson LLP is here to guide you through the complexities of Ontario's condominium landscape.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
