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Helping Condo Communities
Owning a condo unit and living in a condo building comes with certain rights and responsibilities. By owning a unit, you automatically are part of a larger legal entity known as a condominium corporation that is made up of all the unit owners and is governed by Ontario’s Condominium Act, 1998, as well as the condo's declaration, by-laws and rules.
The condo corporation, usually through a board of directors, makes decisions about the building, including having governing documents, managing funds, making repairs, completing maintenance, and hiring staff and contractors.
But who oversees all the condo corporations and protects homebuying consumers and the 1.5 million condo dwellers in Ontario? This is where the Condominium Authority of Ontario comes in. This agency empowers condo communities to run smoothly with information and resources. It also resolves issues with the Condominium Authority Tribunal.
What Is The Condo Authority of Ontario?
Key Points
What is the Condominium Authority of Ontario?
The Condominium Authority of Ontario (CAO) is a non-profit organization that helps condo communities — from owners and residents to condo corporations — understand their rights and responsibilities, provides resources to help condo owners and residents resolve condo issues, provides a database of every condominium corporation in the province and stays informed about complying with the Condominium Act, 1998.
Several online resources can be found through the CAO website. First is information about how condominium corporations work, the rights and responsibilities of owners, board members, and tenants, and how to run meetings, send notices, and request records.
The CAO also provides a useful public and searchable online registry of all condo corporations in Ontario. Other free resources that the authority provides include vital condo forms and templates for board members and owners to use, plus helpful and mandatory online training for board directors to fulfill their roles.
The CAO is an informative platform to help condo buyers learn more about condominiums, how they operate, what they need to know before buying a condo or leasing out their unit and the fees associated with becoming a condo owner.
One of the most significant features that the CAO operates is the dispute resolution process called the Condominium Authority Tribunal.
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Resolving Condo Issues
The Condominium Authority Tribunal (CAT) is an online resource for helping condo owners and corporations resolve disputes. There are several conflicts that can arise between condo-related parties, and the CAT aims to provide a quick, convenient, and affordable solution. CAT’s jurisdiction is set out by Ontario's Condo Act and includes issues related to records, governing documents, unreasonable nuisances, and compliance with settlement agreements.
Common issues that CAT can deal with are:
- Accessing records;
- Noise and vibration complaints;
- Regulating condo management;
- Pets and animals;
- Parking and storage;
- Smoke and vapour;
- Odour and light;
- Vehicles;
- Infestation;
- Harassment;
- Short-term rentals;
- Compliance with agreements.
The CAT process has three stages, ensuring that applicants can escalate according to their case and only pay for the needed services. The first stage is negotiation, the second is mediation, and the final stage is adjudication.
Negotiation begins with filing an application online, where applicants can identify the parties, describe the issue, and submit to CAT with a $25 fee. Parties will eventually exchange settlement offers and agree on the resolution. There is no time limit to this process, but inactivity for 30 days will close the case automatically. If the issue cannot be resolved at the negotiation stage, applicants can choose to move on to the next stage.
Mediation involves bringing in a trained CAT mediator to help resolve the dispute. The mediator will clarify issues, help parties understand their rights and responsibilities, facilitate communication, and suggest solutions. Resolution can take the form of a settlement agreement, where both parties privately agree to the terms, or a consent order publically issued by the mediator. There is a fee of $50 for bringing a case to the mediation stage.
Adjudication is the third and final stage of resolution if mediation does not resolve the issue. With the mediator's permission, applicants can escalate their case, pay a $125 application fee, and bring their case to a member of CAT for an online hearing. Parties will present their case, provide evidence, produce witnesses, and make arguments. The final order will be issued by the CAT member, and the parties must adhere to it.
After the case is officially resolved, any failure to comply with settlement agreements can be brought to CAT again. Legal orders or decisions requiring enforcement can be brought to Small Claims Court if the case amounts to $35,000 or to the Superior Court of Justice for case amounts exceeding $35,000.
Real Estate Consumer and Investor Protections
CAO and CAT help to protect consumers and investors in real estate by making sure that condo owners and condo corporations are following the rules and regulations set by the Condo Act. They ensure that corporations are run smoothly and transparently, and they work toward creating a harmonious condo living experience. Consumers and investors have the CAO as a helpful resource to understand what their rights and responsibilities are. In case of disputes, the tribunal provides a means of resolving issues and having legal recourse.
Learn more about how other organizations like the Real Estate Council of Ontario (RECO), Ontario’s New Home Warranty (Tarion), and the Home Construction Regulatory Authority (HCRA) protect consumers in other areas of Ontario real estate by clicking on the related links.
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