Compliance and Enforcement Mechanisms
Responsibility to Comply with the Condo Act
Section 119 of the Condo Act provides that the condo corporation, owners, directors, officers, employees, mortgagees, developer and occupants are all required to comply with the Condo Act as well as the condo corporation’s declaration, by-laws, and rules.
Section 17 (3) of the Condo Act provides that condo corporations have a duty to take all reasonable steps to ensure that owners, occupiers, lessees, agents and employees of a condo corporation comply with the Condo Act, the declaration, the by-laws and the rules. Additionally, section 119 (2) of the Condo Act provides that owners are obliged to take all reasonable steps to ensure occupants and visitors of their unit also comply with the Condo Act, the declaration, the by-laws, and the rules.
Mediation, Arbitration, and Compliance Orders
Under section 132 of the Condo Act, certain disputes must be resolved through mediation or arbitration. Condo corporations may also have provisions in their declaration or by-laws establishing a procedure for resolving certain disputes and compliance.
To resolve certain disputes between an owner and the condo corporation, the first step would be mediation, and then arbitration, if required.
As per section 134 of the Condo Act, certain compliance disputes may be resolved through an application to the Superior Court of Justice, including if the mediation and arbitration process has failed to solve the issue. Condo corporations, owners, occupants of a proposed unit, and developers are all entitled to apply as set out in that section; however, it is recommended to talk to a lawyer or paralegal if considering any legal action.
Please note that sections 132 and 134 of the Condo Act do not apply to disputes that may be brought to the CAT.
Offences Under the Condo Act
Sections 136.1 and 137 of the Condo Act set out provincial offences under the Condo Act that the Ministry of Government and Consumer Services (Ministry) administers. If you have information about conduct you believe may constitute an offence under section 136.1 or section 137 of the Condo Act, you may provide that information to the Ministry.
The Ministry will review the information and determine if compliance or enforcement action would be appropriate. Please note that not every complaint will lead to compliance or enforcement action.
Section 136.2 of the Condo Act sets out provincial offences under the Condo Act which are administered by the CAO. If you have information about conduct that you believe may constitute an offence under section 136.2 of the Condo Act, you may provide that information to the CAO.
- Introduction to Condominium Living
- Condominium Governance
- Condominium Corporation Governing Documents
- Condominium Finances
- Living in Units and Using Common Elements
- Condominium Management
- Raising Issues with your Condominium Board
- The Condominium Authority of Ontario
- Condominium Management Regulatory Authority of Ontario
- Compliance and Enforcement Mechanisms