Ontario’s condominium industry has no shortage of rules. We have the Condominium Act, 1998. Condominium managers have the Condominium Management Services Act, 2015. Lawyers and paralegals operate under their own legislation and professional rules. Then we have the Condominium Authority of Ontario (CAO), the Condominium Authority Tribunal (CAT), and the Condominium Management Regulatory Authority of Ontario (CMRAO).
Most of the time, those pieces work together reasonably well. But every once in a while, the lines cross. And that’s where things get interesting.
Can a condo manager represent a corporation at CAT?
If you looked only at the Condominium Authority Tribunal’s published Rules, you could reasonably conclude that the answer is yes. CAT’s Rules of Practice expressly contemplate a licensed condominium manager acting as a representative of a condominium corporation. CAT’s public information has similarly advised corporations that a licensed condominium manager can represent them in a proceeding.
That seems like a clear answer. Except there is another regulator involved: the CMRAO regulates the condominium manager.
Following recent changes expanding CAT’s jurisdiction, CMRAO has clarified its position that condominium managers may support their condominium corporation clients in CAT proceedings, but should not act as the corporation’s representative before the Tribunal.
Representing someone in an adjudicative proceeding can involve providing legal services: making submissions, advancing legal arguments, interpreting legal rights and obligations for the proceeding, negotiating legal positions, and advocating for a particular result. Those activities are outside what CMRAO considers the licensed scope of a condominium manager.
How can both answers be right?
They are answering the question from different directions. CAT establishes who its procedures permit to appear as a representative. CMRAO regulates what a licensed condominium manager may appropriately do within the scope of that profession.
Those are not necessarily the same question. CAT may open the door; CMRAO determines whether a condominium manager should walk through it.
A condominium management licence gives a manager significant responsibility and authority to perform management functions on behalf of condominium corporations. It is not a licence to practise law. While CAT’s procedural rules may permit a manager to be identified as a representative, the manager must still consider the legislation, professional standards, and regulatory requirements governing their own profession.
They do not all report to the same referee
It is understandable to assume every organization in Ontario’s condominium industry falls under one umbrella and that their rules, guidance, and expectations will always align. They do not. Different organizations, regulators, and professional bodies have different mandates and areas of jurisdiction.
For a licensed condominium manager, CMRAO is responsible for the manager’s licence and professional conduct. If CMRAO establishes that a particular activity falls outside the acceptable scope of a condominium manager’s professional role, a manager cannot simply point to another organization’s rules permitting the activity and decide to follow those instead.
Permission from one authority does not necessarily remove an obligation imposed by another. That is why the answer to “But CAT says you can do it” may legitimately be: “Yes, CAT allows it. My regulator doesn’t.”
Managers can still do a lot
None of this means your condominium manager disappears when a CAT application arrives. The manager may know more about the factual history of the dispute than anyone else.
Managers can gather and organize records, identify relevant correspondence, track deadlines, coordinate communications and hearing logistics, assist with document management, upload material when appropriately directed, work with the corporation’s lawyer or paralegal, and provide factual information or witness evidence about matters within their own knowledge.
Managers can also understand CAT procedures and help a board navigate the administrative process without turning that assistance into legal advice or legal representation. The distinction is between supporting the case and being the corporation’s legal advocate in the case.
Google found the answer. Unfortunately, it was only one answer.
This CAT example illustrates something condominium managers deal with constantly. An owner, director, or manager finds a rule, regulation, CAT decision, CAO webpage, or section of the Condominium Act that appears to answer a question. It may be completely accurate, but it may not be the whole answer.
Condominium corporations do not operate under one statute, one regulator, or one source of authority. Something permitted by CAT’s Rules may create a professional issue for a manager under the CMSA or CMRAO’s regulatory framework. A board’s authority under its declaration may still be affected by human rights legislation. An enforcement decision can involve privacy considerations, while construction projects can involve occupational health and safety requirements.
That is why condominium management is not simply a matter of looking up a section of the Condominium Act and applying it.
Sometimes “I need to check” is the right answer
Professional condominium managers are expected to know a great deal: condominium legislation, governance, contracts, finances, building operations, insurance, procurement, records, compliance, and dispute resolution. We are also expected to recognize where our professional authority ends.
Sometimes the most responsible answer a condominium manager can give a board is: “I know what the Condominium Act says, but there’s another issue here that we need to check.” Or: “I understand CAT permits that, but I also have to consider what CMRAO permits me to do.” Sometimes the answer is simply: “That’s now a legal question. We should ask the lawyer.”
That is not avoiding responsibility. Often, it is exactly the opposite.
So, is the answer yes or no?
Sometimes, both. Condominium management operates at the intersection of legislation, governing documents, regulatory requirements, and the professional obligations of several different disciplines. An answer that is “yes” under one set of rules may be “no” under another, or “sometimes” depending on the circumstances and which professional is being asked to act.
The job is not always to find the quickest yes or no. It is to understand which rules apply, whose jurisdiction we are operating under, and whether another professional needs to be involved before anyone acts.
Sometimes the question isn’t whether something is permitted. It’s whose permission matters.
Important note
This article is intended as general information and commentary regarding condominium management in Ontario and is not legal advice. Condominium corporations, directors, owners, and managers should obtain appropriate professional advice regarding their particular circumstances.