Discipline Committee Fines Provider Business for Failure to Transfer Funds
In April 2022, the CMRAO’s Discipline Committee issued a decision against a licensed condominium management provider business for violating the Code of Ethics regulation. The Registrar referred the case to the Discipline Committee based on a complaint involving allegations that the provider business failed to transfer funds intended for its clients.
In 2019, the licensee provided condominium management services to condominium corporations that shared certain facilities. The provider business successfully applied for an energy rebate on behalf of its clients. When the provider business received the rebate, it failed to properly remit the funds.
The Discipline Committee determined that the provider business had violated three sections of the Code of Ethics:
- Section 5 – In providing condominium management services, providing conscientious, courteous, and responsive service, and demonstrating reasonable knowledge, skill, judgement, and competence.
- Section 10 – In offering or providing condominium management services, a licensee shall use the licensee’s best efforts to prevent error, misrepresentation, fraud, or any unethical practice.
- Section 11 – Engaging in any act or omission that, having regard to all the circumstances, would be regarded as disgraceful, dishonorable, unprofessional, or unbecoming of a licensee.
For failing to comply with the Code of Ethics, the Discipline Committee ordered the provider business to pay a $4,500 fine.
The CMRAO treats complaints seriously and takes appropriate action in the interest of consumer protection. Complaints received by the CMRAO could lead to disciplinary hearings in accordance with Ontario Regulation 3/18 of the CMSA. The 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.