CMRAO Discipline Committee Finds Condominium Management Provider Business Breached Code of Ethics and Awards Penalties Totalling $10,000
Between October and December 2021, two cases were brought before the Discipline Committee of the Condominium Management Regulatory Authority of Ontario (CMRAO) involving the same condominium management provider business, Larlyn Property Management Ltd. (provider business). The two cases involved similar allegations for services provided at two separate condominium corporations, specifically:
- Transfer of records
- Transfer of funds
On October 26, 2021, the Discipline Committee heard the first matter, which the CMRAO brought forward to the committee based on a complaint submitted by a condominium corporation. The complaint alleged that Larlyn failed to transfer the corporation’s records and documents and return the corporation’s funds, pursuant to requirements under the Condominium Management Services Act, 2015 (CMSA), as well as the Condominium Act, 1998.
Based on an agreed statement of facts, the Discipline Committee determined that the provider business breached two specific sections of the Code of Ethics:
- Section 5 – In providing condominium management services; providing conscientious, courteous and responsive service; and demonstrating reasonable knowledge, skill, judgment and competence.
- Section 11 – Engaging in any act or omission that, having regard to all of the circumstances, would reasonably be regarded unprofessional.
The second case went before the Discipline Committee on December 6, 2021, and was similar in nature to the first in that it was based on a complaint for similar issues, although submitted by a different condominium corporation. The allegations in this case included failure to provide the timely transfer of records, failure to provide the timely return of funds, and failure to provide competent and responsive services.
In this case, the provider business failed to provide competent services by not paying an invoice for the corporation’s fire protection services provider, which resulted in a cancellation of services, not making contributions to the corporation’s reserve fund, as well as other allegations. Additionally, the provider failed to respond to communications from the Board of Directors, as well as other issues of unresponsiveness.
Larlyn Property Management agreed to specific facts and allegations, as well as the penalties from both cases, which collectively amounts to $10,000.
The CMRAO takes complaints against its licensees seriously and takes appropriate action in the interest of consumer protection. Complaints received by the CMRAO could lead to disciplinary hearings in accordance with O. Reg 3/18 of the CMSA. The CMRAO’s Discipline Committee is composed of members from Ontario’s condominium sector and the public who are appointed by the Board of Directors of the CMRAO. Members serve on the committee to determine when a licensee has failed to comply with the CMRAO’s Code of Ethics.
In the interest of consumer protection, discipline decisions are publicly available in the Consumer Protection section of the CMRAO website. Information about licensees and the status of each licence (including conditions and actions on a licence) is available in the Public Registry.