Did you know?
The Condominium Authority of Ontario (CAO) has added an additional layer of administrative responsibility for condominium corporations. Here are some tips about filing with the CAO.
When a condominium corporation files a return with the CAO, each return must be verified by either the certificate of a director or officer of the corporation; a licensed condominium manager, providing condominium management services to the corporation under the Condominium Management Services Act, 2015; or another individual with knowledge of the affairs of the corporation (Act, s. 9.2).
The information required to be included and the deadlines for each of the four different types of returns are included in the Regulations to the Condominium Act, 1998 (the "Act") (O. Reg. 377/17: Condominium Returns, ss. 2 to 5.)
The late filing of returns and notices of change may result in a late filing fee, currently set at $200 for each late return. The CAO may also issue a Registrar’s Certificate or a compliance order against condominium corporations that do not file their returns.
Where a corporation has unpaid fees, costs, charges, or penalties, the corporation cannot maintain a proceeding before the Condominium Authority Tribunal (CAT), or in an Ontario court without leave of the court.
The Act provides that a condominium corporation must file the following with the Registrar of the CAO within the specified time and in the approved form:
a notice of change for every change in the directors elected or appointed to the board (not for a director who is re-elected after an immediately preceding term of office) and the effective date of the change;
every change in the address for service of the corporation, the management provider, or the manager;
every change in the electronic mailing address for the corporation;
for a corporation, other than a common elements condominium corporation, every change in the total number of units in the corporation (and every change in the total number of voting units);
for common elements condominium corporations, every change in the maximum number of votes that could be counted at a meeting of owners;
every change in the condominium management provider or a condominium manager employed by the provider;
every change in the statement made as to whether an order of the Superior Court of Justice appointing an inspector or administrator is in effect, and every change in the name and business address of the inspector or administrator;
whether the corporation has made an application to terminate the property by court order or received notice of an application to terminate the property;
whether the corporation has sent a notice of termination of the condominium for registration to the Land Registry Office;
whether the corporation has sold the property and complied with the Act;
whether the corporation has received a notice of intention to expropriate the property under the Expropriations Act; and
for a leasehold condominium corporation, whether the corporation has received written notice of certain applications regarding the leasehold.
A notice of change must also be filed with the CAO:
after a corporation has filed its initial or annual return for the current year with respect to the prescribed changes to information contained in the return;
within 30 days of the change and must indicate:
(a) what information has changed; and
(b) the date(s) that the change(s) took effect; and
electronically with the CAO through the CAO's Online System .
A notice of change can also be used to correct information in a return.
See the CAO website for its “Quick Guide to Filing a Notice of Change”, which provides details on completing and filing the notice online.