CCI Review - 2020/2021 - #4

Boards, Managers, Owners, Landlords & Tenants By: Trish Kaplan, CCI (Hon ’ s)

manager for some assistance. In the interest of cooperation among residents on any property, listening and assisting a tenant even in some small way, can be very helpful. Specific enquiries, as they may relate to clarification of a rule, a report a safety issue on the property when the owner is unavailable, or perhaps another matter that is in the interests of the corporation and residents, are best responded to by a board member or manager. There is never cause to be impolite in response (although, there are those who mention such a response). Kindness never goes unnoticed. All residents in a property need to be aware of their responsibilities to report non - compliance as they happen. Education for all residents can be designed around community communications, be they newsletters, email blasts (when certain issues are regularly being breached) or by whatever manner a corporation is in touch with residents on the property. Such a venture into education can be very advantageous to boards and managers. At the very least, it is recommended that all residents have a familiarity with the Ontario Condominium Buyers ’ Guide to refer to when questions arise. The corporation is still required to take all reasonable steps to satisfy that compliance, either from owners or, when necessary, directly from tenants when there is a breach of obligation and the owner/landlord is

Pursuant to section 119 of the Condominium Act, the condominium corporation, any

director, officer, employee, owner and occupier of a unit must comply with the Act and the corporation ’ s governing documents, including the declaration, the by - laws and the rules. The corporation ’ s legal responsibility is with the unit owner and the owner has a legal relationship with the tenant. It is up to all owner/landlords and their tenants to be fully aware of their

Trish Kaplan , CCI (Hon’s) is the current part- time Administrator for the CCI-London and Area

Chapter, also having served in the position from April 2003-

September 2010 and was awarded the Distinguished Service Award from CCI National in November 2006.

rights and responsibilities on a condominium property. The

Condominium Authority of Ontario (CAO) does provide information on buying, renting and also pertinent and helpful material for landlords and tenants in condominium. Occasionally, CCI does receive enquiries from tenants in condominium properties. CCI cannot provide advice. We can refer them to the CCI Professional & Business Partner Directory to search out the appropriate professional advisor before taking any action and can also assist with some online information to assist them in response, It is particularly relevant for landlords and tenants to be aware that online information is available for them to review; including material noted above by CAO, and the Residential Tenancies Act, 2006 (RTA) , the Condominium Act, 1998 and the Rental Fairness Act, 2017. It is not that uncommon for a tenant on a condominium property to reach out to a board member or the

unable or unwilling to attain compliance from their tenant.

CCI Review 2020/2021 —June 2021 - 26

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