For the self-managed directors out there, the following tasks should be your top priorities because of the Protecting Condominium Owners Act:
1.Before February 1, 2018, confirm that you do not require a condominium licence with the Condominium Management Regulatory Authority of Ontario (CMRAO): www.cmrao.ca. (Note: directors require a licence if
they receive compensation for providing condominium management services).
2. By February 28, 2018 (recently extended from December 31, 2017), make sure you register your condominium with the Condominium Authority of Ontario (CAO) and pay the initial assessment (the $1/unit/
3. Download all of the new forms: https://www.ontario.ca/search/land-registration?openNav=forms&sort=desc&field_forms_act_tid=condominium. The new forms aremandatory in most instances (i.e. calling
4. Bookmark important dates for your condominium, such as the deadlines for:
• sending out the periodic information certificates;
• filing your annual return to the CAO; and
• sending out the preliminary notice of meetings and the notice of meeting.
5. Educate yourself on the changes:
complete the directors’ training on the CAO website, read industry magazines (like the CondoNews!), follow condo law blogs, and attend CCI and ACMO events.
6. Review your condominium’s declaration, by-laws and rules to see if you should speak with a lawyer about amending some of the documents because of the amendments.
7. Share information with your unit owners about the changes. Put it in newsletters, on the portal/website, and discuss the changes at owners’ meetings.
If the board of directors is unable to complete the new work required by the amendments, the directors must seek advice from professionals to assist them in completing the work and ensuring they are in compliance with the Act. If the directors are unwilling to complete the new work required by the amendments, the directors must consider hiring a professional condominium manager. There are management firms that offer limited services packages that might keep costs down while also ensuring the condominium is in compliance with the new requirements. There are options out there; turning a blind eye is not one of them.
Michelle Kelly is a condo lawyer at Sutherland Kelly LLP in Guelph. She provides legal services to condominiums, managers, and owners throughout Ontario. Michelle sits on the board of directors for the Golden Horseshoe and London chapters of CCI. She is the co-editor of the CondoNews, a member of the Communications Committee for the GHC, and a member of the Professional & Business Partners Committee for the GRC.