Discipline Committee Orders Fine and Completion of Education Course for Breaching Code of Ethics
In March 2022, the CMRAO’s Discipline Committee issued a decision against a licensed condominium manager related to allegations that the licensee misled a condominium corporation about the status of a legal matter. The Registrar referred the case to the Discipline Committee based on a complaint submitted by the corporation that alleged that the licensee had provided the corporation with false and/or misleading information.
In 2017, the corporation instructed the licensee to pursue legal action against a unit owner. Although the licensee instructed legal counsel to prepare a draft application record for a legal proceeding against the unit owner, they did not follow up on these instructions, and the court proceeding was neither initiated nor settled, contrary to the updates they provided the corporation.
Based on an agreed statement of facts, the Discipline Committee determined that the condominium manager breached four sections of the Code of Ethics:
- Section 3 – A licensee shall treat every person that the licensee deals with in the course of offering or providing condominium management services fairly, honestly and with integrity.
- Section 5 – In providing condominium management services, a licensee shall provide conscientious, courteous and responsive service and demonstrate reasonable knowledge, skill, judgment 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 12 – A licensee shall keep a client informed in a timely manner of, (a) all significant steps that the licensee takes in the course of providing condominium management services; and/or (b) information about the condition of the property or assets, if any, of the client if the licensee has a contractual obligation to manage, maintain, repair or protect the property or those assets.
For failing to comply with the Code of Ethics, the Discipline Committee ordered the licensee to pay a $7,000 fine, and to complete a personalized ethics course to the satisfaction of the CMRAO Registrar.
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.