CMSC Complaint Procedure
Resolution of Complaints
This task involves complaints from the public about the conduct of a certified firm. The complaints would typically come from a client condominium corporation being managed by the management firm. Complaints may also come from the industry, e.g. other management firms or suppliers. A complaint, as a result of a decision of the Court, may also be reviewed by the Council. Any complaint received by the Council will have to be carefully reviewed to ensure that it falls within the Council's mandate. For example, an ethics complaint would be referred to ACMO's Ethics Committee. The Council would of course be interested in the outcome of the complaint. There may be situations where a complaint includes ethics and ACMO 2000 issues. In these cases, care will have to be taken to coordinate a complete resolution to the complaint.
Goal: The primary goals of the complaint procedure are the efficient and practical resolution of the complaint and the maintenance of the Program's integrity. The principal of presumed innocence will be followed.
- Receipt of complaint must be in writing to the Vice Chair of the Council. Council will acknowledge receipt of the complaint within 15 days. The Council shall have a target of 2 months to resolve complaints under its jurisdiction.
- A client complaint must be made by the Board of the corporation in the form of a Board resolution. A complaint from an owner will be referred back to the condominium Board for any further action from the corporation. The condominium corporation must demonstrate that it has attempted to resolve the issue with its management company.
- An industry complaint must be from a senior officer of the complainant.
- The complaint must specify the nature of the dissatisfaction or non-compliance and be accompanied by documentary proof of the allegation.
- On receipt of the complaint, the Vice Chair, with administration assistance, will assess whether the complaint falls within the ACMO 2000 Program.
- If outside the ACMO 2000 Program, the complaint will be referred to ACMO and the complainant informed of this outcome. ACMO will inform the Vice Chair of the final resolution of the complaint.
- If within the ACMO 2000 program: (i) the certified firm will be asked to respond in writing to the complaint by 5 working days, (ii) the complainant may be asked to respond to questions required to complete the record by 5 working days, (iii) the vice chair may seek a resolution to the issue, (iiv) if the complaint remains unresolved, the Vice Chair will assign the complaint to a subcommittee of three Council members for review; (v) based on the written record, the subcommittee may ask for a meeting with the two parties to receive further clarification; (vi) the subcommittee will make a recommendation to the full Council on a resolution of the complaint, including dismissal of the complaint, ADR, remedial action or penalty; (vii) the Vice Chair will inform the parties of the decision;
- There will be no appeal of a Council's decision but the parties may have full recourse to the courts for further remedy.
- The abridged details of successful complaints and the resolutions will be documented in the Council's Annual Report. Aggregate data on the total number of complaints will also be reported.
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