Some Ontario condo corporations are still “Missing in Action” and have not yet registered with the Condo Authority of Ontario. The good news is that more than 81% of the existing condo corps have met their legal obligation and have filed their mandatory Condo Return. Still, there are a few stragglers. Registration is mandatory. If you have not registered yet, you are in breach of the Condominium Act. If you are unsure whether your corporation is registered with the CAO, ask your manager or, even better, check the CAO’s public registry.
The CAO’s online filing system is designed to make filing of your mandatory returns as easy and efficient as possible. For example, a corporation’s information will only need to be entered once and the CAO’s system will automatically generate the one or more Returns that are applicable at the time of filing the Returns, limiting the time it will take to finish this process.
The CAO provides support to condo corporations to help meet their legal requirements through its online filing system, instructional emails, step-by-step guides, and staff.
What are the Consequences of Failing to File the Returns?
There are pretty serious consequences if a corporation fails to file its returns, including:
- late filing fees (the amount of which is set by the CAO);
- a compliance order issued against the corporation, under section 134.1 of the Act; or
- the corporation will be unable to maintain a proceeding before the Condominium Authority Tribunal or any other court in Ontario, unless it obtains leave from the court.
Given these serious consequences, it makes good practical sense to file these documents as soon as is practicable. Besides, it’s the law.