Education Requirements for a Condominium Manager General Licence

Starting November 1, 2017 all condominium managers have 90 days to apply for a licence under the Condominium Management Services Act.

The Ministry of Government and Consumer Services (the “Ministry”) has designated the educational and examination requirements for a General Licence as follows:

Less than five years’ experience in providing condominium management services

The following ACMO-developed courses (for the current RCM designation) are required to be completed:

  • Condominium Law,
  • Physical Building Management,
  • Financial Planning for Condominium Managers, and
  • Condominium Administration and Human Relations.

Five or more years’ experience in providing condominium management services

The above-stated courses are required;

or,

Instead of those courses, the applicant will have to pass the applicable Challenge Examination developed by the ACMO.

Who will provide the Courses and Challenge Examination ?

  • Colleges of applied arts and technology that offer the above stated courses; and,
  • A Condominium Management Provider that is authorized by ACMO to offer the courses to its own employees.
  • ACMO will provide the Challenge Examinations.

Don’t forget that the Registrar will have the ability (likely on a case by case basis) to recognize alternative education experiences as equivalent to the above-stated requirements, for managers who have successfully completed other training programs, internship programs, apprenticeship programs, courses, seminars, lectures or tutorials.

Stay tuned to Condo Law News for more blogs about amendments to the Condominium Act and upcoming events .

 

Condominium Authority of Ontario: Monthly Fees and Dispute Resolution Fees Confirmed

We had previously blogged about the fees associated with the new Condominium Authority of Ontario (CAO).

The CAO has announced that it has set the fee amounts for the monthly fee and the user fees for the Condominium Authority Tribunal (CAT) as follows:

  • CAO monthly fee per condominium unit at  $1 per month ($12 per year); and
  • CAT user fees for dispute resolution (payable by the party that files the dispute) as follows:
    Filing Fee For access to CAT’s unassisted on-line dispute resolution system $25
    Assisted Resolution Fee For assistance from a dedicated mediator $50
    Tribunal Decision Fee For a decision from a dedicated adjudicator $125

    The CAO monthly fees will be payable by the Condominium Corporation. Initial communications will be sent to Condominiums later this month, with the initial payment (covering September 1, 2017 to March 31, 2018) being due on December 31, 2017.

The CAT user fees for dispute resolution are effective as of November 1, 2017. This is when the CAT will start accepting applications.

Stay tuned to Condo Law News for more blogs about amendments to the Condominium Act and upcoming events .

Electric Cars and Charging Stations in Condominiums

Electric cars, and charging stations, are a hot topic this week!  Britain has announced the eventual ban of gas and diesel powered vehicles, and an Ottawa condo is making national news  (click on the video entitled:  Ottawa Woman’s Power Struggle to Charge Electric Car at Condo Building) about whether or not an owner can, or should be, entitled to charge an electric car. 

In light of all the commentary, we wanted to chime in with our thoughts!

There is no easy, or one size fits all, solution to the question of whether or not an owner, or multiple owners, or all owners, can, or are able, to charge electric cars on the condominium property. 

As was recently stated by one of our lawyers during an interview,  (click on the above-stated video), the collective should work together to find out what is possible, and makes sense, in any given situation – always bearing in mind the applicability of the governing documents in any given case. In another interview, one of our lawyers also explained that many condo boards never imagined having to accommodate electric vehicles, and that infrastructure may be a physical barrier to this type of arrangement.

In some condominiums, the existing infrastructure will not support individual, or multiple, charging stations.  In most of these cases, in order to change the existing infrastructure, a vote of at least 66 2/3% of all owners may be required.  In such cases, until the vote occurs and the infrastructure is updated to accommodate the actual or potential use, individuals will simply be unable to charge their electric cars.

In other condominiums, even if the infrastructure can support the use, where it is a common expense, it may be necessary to install individual metering to ensure that all owners are not paying for the cost of those individuals wishing to charge their electric cars on site.

In many cases, a condominium’s governing documents would simply not have contemplated the advent of electric vehicles.  As a result, in both of these examples, the condominium’s governing documents (the Declaration, By-Laws or Rules) may also need to be amended to reflect this new use of the common elements and/or common services.

In some more recently built condominiums, the issue is moot.  In these condominiums, this type of use has been anticipated, and either individual or shared charging stations have been integrated into the build.  In these situations, we generally see that the use is also regulated and addressed in the governing documents.

The bottom line is that each particular case needs to be carefully reviewed and considered, both from a practical (i.e. infrastructure) and legal (i.e. governing documents) perspective. 

We have worked with many condominium corporations faced with these difficult issues, and have found, in all cases, that there is a desire to investigate and explore the options available to address the interests and needs of all in the community.  However, even if the desire exists at the Board and Management level, the implementation of any particular proposed solution will often go beyond the jurisdiction and authority of the Board and Management, and may require the involvement of all owners.

Stay tuned to Condo Law News for more blogs about current and important issues faced by condominium corporations .