Annual Meeting: Minister Kaleed Rasheed marks CAO’s fifth year anniversary

The Condominium Authority of Ontario hosted its Annual Members’ Meeting on Sept. 22, 2022 at 9 A.M. The Members of the CAO consist of the Members of the Board of Directors. The event was open to owners, directors, condo community members and the general public. Over 1000 people registered for our webinar and attendees were able to ask us questions. The meeting agenda included presentation of the CAO’s audited financial statements, confirmation of auditors and election of a new director to the board. A recording of the meeting as well as a sampling of the most common questions is available below.

 

Frequently Asked Questions from Attendees at CAO’s Annual Members’ Meeting – September 22, 2022

I have taken other director training; do I still have to take the one offered by the CAO?

A: Yes. The Condo Act outlines that the CAO’s Mandatory Director Training is mandatory. Any training taken outside of CAO’s training cannot be used to replace this mandatory training. We also offer Advanced Director Training that contains information that many owners will find useful for both owning a condo unit and living in a condo community. This training can be completed following the completion of the mandatory training.

What avenues does an owner have when they feel their condo manager is not doing their job?

A: We would encourage you to review the Guided Steps to Common Issues available on the CAO’s website. You may bring the concerns up with your condo management company and your condo board as a first step.  Alternatively, you can bring it up at your AGM or by requisitioning an owners’ meeting, provided at least 15 percent of the voting units sign your requisition.  If the issues continue you may also raise the matter with the Condominium Management Regulatory Authority.

I have had issues receiving meeting minutes. What can I do?

A: Owners are entitled to receive minutes and can do so by using the mandatory Request for Records form. If you do not receive a response within 30 days, you can file an application with the Condominium Authority Tribunal to obtain the records. For more information on records issues and how you can resolve them, please review the information on Records.

I understand the Ontario government updated legislation to allow condo corporations to hold electronic AGMs until September 2023, regardless of their by-laws. Does this also mean that all owners are now required to communicate with the board using electronic means only?

A: Owners and boards do not have to communicate electronically with each other, but they have the option to continue holding meetings electronically until Sept. 2023. Our webpage on the electronic meeting extension provisions provides more details on this.

How can condo corporations manage their reserve funds?

A: The Condo Authority has launched the new Ensuring Healthy Reserve Funds Guide. This guide was developed after consultations with members of the condominium sector in Ontario. You may also wish to review the Best Practices Guide: Finance, available through the Advanced Director Training pages on our website.

Are condo unit owners allowed to attend the Board Meeting? If so, what options are available if the Board refuses the request.

A: The only individuals who are entitled to attend condo board meetings are the directors, however, condo boards regularly invite individuals to attend meetings as guests. Typical attendees include condo management (if the condo corporation has any), owners and/or residents with matters to discuss with the condo board, and with professionals whom the condo board is conducting business. Ultimately, if the condo board is refusing to allow you to attend a condo board meeting, you still communicate with your board to provide your views on the issues taking place in the condo corporation. You also have the option of requisitioning a meeting of owners to discuss the issue. For more information regarding requisitioning a meeting, please visit our page on owner-requisitioned meetings.

How is the CAO board comprised and does the CAO ensure that its board members are representative of Ontarians?

A: The CAO’s Board of Directors is an independent board comprised of four elected directors and three directors who are appointed by the Minister of Public and Business Service Delivery. Vacancies for elected directors are filled through a public process led by the board’s Nominating Committee, which evaluates and recommends candidates against the criteria set out in the administrative agreement to ensure a diversified board. Care is taken to ensure representation from a diverse range of backgrounds, expertise, and perspectives, including from different regions of the province. Vacancies in ministerial appointments are filled through the Ontario government’s Public Appointments Secretariat. See our page on our board for more.

How are CAT members selected?

A: The Tribunal posts positions for new members publicly through the CAO’s website so anyone who is interested can apply. The Tribunal Chair reviews all applications and conducts a competitive, merit-based evaluation process. After completing the evaluation process, the Chair recommends individuals for appointment by the CAO’s Board of Directors in accordance with the Memorandum of Understanding between the CAO and the Tribunal. The Tribunal’s Members are appointed by the CAO’s Board of Directors, taking into consideration the results of their evaluation and the recommendations of the Tribunal Chair.

How does the CAT ensure fairness in its proceedings?

A: The Tribunal has developed an online dispute resolution system to help people resolve their disputes conveniently, quickly and affordably, while encouraging everyone to work together in support of healthy condominium communities. Tribunal Members have experience and are trained in condominium law, alternative dispute resolution, hearing management, and in administrative justice, and they ensure that proceedings are conducted fairly. The Tribunal also publishes all its decisions and orders on the CAO’s website, so everyone can read about the types of disputes that the Tribunal has heard, how they have been decided, and the relevant considerations.

How does the Condo Act enable condo board directors to behave ethically?

A: All condo directors in Ontario must complete the CAO’s Mandatory Foundational Director Training, which prepares them for carrying out their duties and includes sections on acting honestly and in good faith as well as following a code of ethics. The CAO’s Best Practices Guide on Governance and the corresponding module also covers information about the Standard of Care that directors must adhere to.

If you have further questions for the Condo Authority, please Contact Us.