Condominium Manager’s Duties in Legal Compliance
A condominium manager acts as a liaison between the condominium corporation, unit owners, service providers, and regulatory bodies. Their legal compliance duties include:
Ensuring the board follows CPA and regulatory requirements in governance, financial management, and reporting.
Maintaining up-to-date documentation, including bylaws, meeting minutes, and financial statements.
Advising the board on compliance obligations, such as reserve fund studies, annual general meetings, and special assessments.
Facilitating board decisions that align with legal requirements by providing accurate interpretations of CPA provisions.
Communicating changes in legislation that may impact condominium operations.
The Importance of Maintaining Accurate Records and Documentation
The CPA and its regulations require condominium corporations to retain and provide access to specific records upon request. A manager must ensure that records are:
Stored securely and accessible for the required period.
Updated regularly to reflect changes in financial status, governance, or legal decisions.
Provided to owners, buyers, or regulatory bodies as required by law.
Key Records to Maintain
Financial reports and annual budgets
Reserve fund studies and plans
Meeting minutes (AGMs, SGMs, board meetings)
Bylaws and amendments
Insurance policies
Contracts with vendors and service providers
Developing Internal Compliance Protocols for Condominiums
To maintain legal compliance, condominium managers should implement structured compliance protocols, including:
Regular Compliance Audits
Conduct periodic reviews of financial and operational records.
Identify gaps in documentation or non-compliance with CPA regulations.
Training for Board Members
Educate the board on their legal responsibilities under the CPA.
Provide guidance on handling governance, financial management, and dispute resolution.
Clear Communication Channels
Establish formal procedures for reporting concerns about non-compliance.
Document decisions to ensure transparency in board actions.
Updating Policies and Procedures
Ensure that condominium bylaws and policies are updated to align with changes in legislation.
Develop guidelines for handling complaints, enforcing bylaws, and managing funds.
CPA Compliance Checklist for Condominium Corporations
To assist boards in meeting their compliance obligations, managers should develop a CPA Compliance Checklist that includes:
Annual General Meeting (AGM) Compliance
Provide proper notice to unit owners.
Ensure quorum and proper voting procedures.
Record and distribute meeting minutes.
Financial Management
Prepare and present an annual budget.
Maintain accurate financial records.
Ensure reserve fund studies are completed as required.
Bylaw Enforcement and Policy Adherence
Ensure all board decisions comply with the CPA.
Enforce bylaws consistently and fairly.
Maintain records of fines, penalties, and dispute resolutions.
Legal Document Retention
Store and update essential documents (bylaws, meeting minutes, financial reports).
Ensure timely disclosure of required documents to owners and regulatory bodies.
Board and Owner Communication
Provide legal updates that impact condominium governance.
Respond to unit owner inquiries regarding CPA compliance.
