Frequently Asked Questions for Condominium Boards

1. What are condominium management services?

The Real Estate Act, will define condominium management services as performing or attempting to perform duties on behalf of a condominium corporation, such as collecting, holding or disbursing contributions, enforcing rules and bylaws, negotiating and entering contracts, and supervising employees or contractors hired by the condominium corporation.

2. What is a condominium manager?

The Real Estate Act will define a condominium manager as a person who represents themselves as a condominium manager or who provides condominium management services to a condominium corporation, either alone or as part of a team, for compensation.

3. Are there any licensing exemptions?

RECA will not license or regulate self-managed condominium corporations or condominium corporation employees, accountants or other parties exempt according to the Real Estate Act regulations.

4. Will licensed condominium managers have to follow all condominium board instructions, even if they aren’t lawful or go against the condominium bylaws?

No. Condominium managers will be required to follow the instructions of the condominium board as long as the board’s instructions are lawful and within the condominium bylaws. For example, if the board refuses a repair for an individual owner and the condominium manager knows the repair is mandated in the condominium’s bylaws, they may act against the board’s instructions, they may advise the board that their instructions are unlawful and request new ones.

5. How will I be able to find out if my condominium manager is licensed?

Once the legislation is in effect, you will be able to search for licensed professionals using the search for an industry professional tool on RECA’s website.

6. How will I be able to report unlicensed activity?

After condominium manager licensing takes effect, if you think someone is providing condominium management services without a licence, you will be able to file a complaint with RECA. To learn more about the complaint process for unauthorized practice, click here.

7. How will I be able to file a complaint against a licensed condominium manager?

Once the legislation is in effect, individual owners should bring their complaints to their condominium board. RECA encourages condominium boards and condominium managers to try and resolve the issue on their own first. If there is no resolution and the board wants to file a complaint, they will be able to do so using RECA’s complaint form. Click here to learn more about filing a complaint against a licensed industry professional.

8.How will condominium managers protect condominium corporation funds?

Council approved bonding as the means to protect condominium corporation monies with the following structure:

  • If the condominium manager brokerage is holding the condominium corporation’s monies in trust, the condominium manager brokerage must have its own bond; and
  • If the condominium corporation holds its monies in its own bank accounts, the condominium corporation will likely have a bond which should also cover the condominium manager brokerage (subject to the Condominium Property Act amendments). The condominium manager brokerage may also have a separate bond.

These bonding requirements will be mandatory when the legislation to regulate condominium managers takes effect.

9.Is there any legislation that applies to condominium boards?

The Real Estate Act and the Condominium Property Act contain relevant information for condominium board members.

 

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