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To ensure the future success of the enjoyment of condominium living in Ontario, it is necessary to establish and maintain public confidence in the honesty, integrity, professionalism and ability of the CONDOMINIUM MANAGER. This Code and performance pursuant to its provisions will promote the continued development of a mutually beneficial relationship among condominium managers, condominium corporations, condominium residents, suppliers, employers of managers and the general public.

The CONDOMINIUM MANAGER is instrumental in molding the nature of the condominium community and the living conditions of its people.

A CONDOMINIUM MANAGER who is a member of the Association of Condominium Managers of Ontario (ACMO) shall pledge accordingly:

I pledge myself to the advancement of professional management through the mutual efforts of members of the Industry and by any other proper means available to me.

I pledge myself to seek and maintain an equitable, honourable and cooperative association with fellow members of the Industry and with all others who may become a part of my business and professional life.

I pledge myself to place honesty, integrity and industriousness above all else, to pursue my gainful efforts with diligent study and dedication to the end that service to my employer’s clients shall always be maintained at the highest possible level.

I pledge myself to comply with the principles and declarations of ACMO as set forth in its By-Laws, Regulations and this Code of Professional Ethics.

1. JOINT OBLIGATIONS

A CONDOMINIUM MANAGER owes a duty jointly to his/her employer and the employer’s clients to be competent to perform the managerial services for which he/she is responsible.

It is recognized that the CONDOMINIUM MANAGER must balance the joint obligation in a manner which reflects positively on the profession of condominium management. In exercising judgment in matters of joint obligation, the CONDOMINIUM MANAGER must keep foremost in mind the guidance found in this Code of Professional Ethics.

2. OBLIGATION TO CLIENTS

The client is defined to be the condominium corporation or proposed corporation to whom the CONDOMINIUM MANAGER’s employer is providing service for a fee. A CONDOMINIUM MANAGER shall at all times exercise business loyalty to the interests of the client and shall be diligent in the maintenance and protection of the client’s properties and assets with due regard for the rights, responsibilities and benefits of the residents. In order to achieve this goal, a CONDOMINIUM MANAGER shall not engage in any activity that could be reasonably construed as contrary to the best interests of the client or the client’s property and assets. The CONDOMINIUM MANAGER shall not represent personal interests divergent from or conflicting with those of the client, unless the client has been previously notified in writing of the actual or potential conflict of interest, and has also in writing assented to such representation. A CONDOMINIUM MANAGER, as a fiduciary for the client, shall not receive, directly or indirectly, any rebate, fee, commission, discount or other benefit, whether monetary or otherwise related to services provided to the client that has not been fully disclosed to and approved by the client.

3. OBLIGATION TO EMPLOYER

The CONDOMINIUM MANAGER shall conduct his/her activity in a manner which enhances the ability of his/her employer to provide the best possible long-term service to the employer’s clients. The CONDOMINIUM MANAGER shall not engage in any activity which could be reasonably construed as contrary to the best interests of his/her employer. The CONDOMINIUM MANAGER shall not represent personal interests divergent or conflicting with those of his/her employer, unless the employer has been previously notified in writing of the actual or potential conflict of interest, and has also in writing assented to such representation. A CONDOMINIUM MANAGER shall not receive, directly or indirectly, any rebate, fee, commission, discount or other benefit, whether monetary or otherwise, that has not been fully disclosed to and approved by his/her employer.

4. ADVISING EMPLOYER AND CLIENTS

The CONDOMINIUM MANAGER must be both candid and honest when advising his/her employer and the clients.

5. DISCLOSURE

A CONDOMINIUM MANAGER shall not disclose to a third party confidential information concerning the business of his/her employer or a client without prior written consent of the employer or the client as the case may be, except as may otherwise be required or compelled by law.

6. OUTSIDE INTERESTS AND THE PRACTICE OF CONDOMINIUM MANAGEMENT

The CONDOMINIUM MANAGER who engages in another profession, trade, business or occupation concurrently with the practice of Condominium Management must not allow such outside interests to jeopardize his/her professional integrity, independence or competence.

7. RECORDS AND REPORTS

A CONDOMINIUM MANAGER shall at all times ensure that accounting and other records concerning the properties and assets managed for the client are kept up to date and in good standing as required by the Condominium Act and the normal practices of the client and employer, and that such records shall be available for inspection at all reasonable times by each client. A CONDOMINIUM MANAGER shall ensure that the client is furnished, at intervals to be agreed upon between the employer and the client, regular reports in respect to that client’s properties and assets.

8. PROTECTION OF FUNDS AND PROPERTY

A CONDOMINIUM MANAGER shall at all times ensure due diligence for the protection of client’s funds, property and assets in the possession or control of the CONDOMINIUM MANAGER against all reasonably foreseeable contingencies or losses.

9. RELATIONS WITH OTHERS

The CONDOMINIUM MANAGER shall promote a positive image and reputation in his/her dealings with others. A CONDOMINIUM MANAGER shall not make, authorize or otherwise encourage any defamatory, disparaging or unfounded comments concerning the practices of another CONDOMINIUM MANAGER, a client, or any of the personnel of his/her employer or another condominium management company. A CONDOMINIUM MANAGER subscribing to this Code shall not exaggerate or misrepresent the services offered by his/her employer or him/her as compared with competing condominium managers or management companies. Nothing in this Code, however, shall restrict legal and reasonable business competition by and among condominium managers.

10. COMPLIANCE WITH LAWS AND REGULATIONS

A CONDOMINIUM MANAGER shall at all times conduct his/her professional activities with knowledge of and in compliance with the Condominium Act, all other pertinent legislation, the Declaration, Bylaws, Rules and Regulations of the client and the provisions set out in the property management agreement between his/her employer and the client.

11. INSTRUCTIONS FROM CLIENT

A CONDOMINIUM MANAGER must make clients aware, in writing if necessary, of any instructions given to him/her by the client which are in conflict with the Condominium Act, all other pertinent legislation, the Declaration, Bylaws, Rules and Regulations of the client and the property management agreement between his/her employer and the client.

12. CONTINUING PROFESSIONAL EDUCATION

A CONDOMINIUM MANAGER, in order to assure the continued retention and further growth and development of his/her skills as a professional, shall utilize to the highest extent possible the facilities offered to him/her for continuing professional education and refinement of his /her management skills. It is expected that the CONDOMINIUM MANAGER will play an active role in ACMO as a key aspect of his/her ongoing professional development.

13. ENFORCEMENT

Any infringement by a CONDOMINIUM MANAGER of the obligations of this Code shall be dealt with in accordance with the by-laws of ACMO. A CONDOMINIUM MANAGER shall cooperate with ACMO and its agents and committees in the investigation and enforcement of this Code or the by-laws. No CONDOMINIUM MANAGER shall interfere or obstruct the investigation or enforcement of this Code or by-laws. No CONDOMINIUM MANAGER shall seek recourse against ACMO, its officers, directors, members, committees or committee members, agents or employees for the investigation or enforcement of this Code or by-laws except as set out in the by-laws. No person shall contact a member of the Ethics Committee, Discipline Committee, Appeal Committee or Board of Directors about the investigation or enforcement of this Code or by-laws except as set out in the by-laws.

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ACMO Associates play an important role in enhancing the success and enjoyment of the condominium community lifestyle in Ontario.

This Code and the performance of its provisions by all ACMO Associates will promote the continued development of a mutually beneficial relationship between condominium corporations, residents, managers, suppliers and the general public.

Each Associate (including its directors, officers, representatives and staff) pledges to:

  1. Comply with the principles, declarations, by-laws and regulations of ACMO;
  2. Support, promote and enhance the objectives and reputation of ACMO;
  3. Seek and maintain a fair, honourable and cooperative association with fellow members of the condominium industry;
  4. Maintain reasonable knowledge of issues and developments pertaining to the condominium industry;
  5. Provide high-quality advice, service and/or products to the condominium industry;
  6. Develop, adopt and adhere to best practices and standards; maintain good standing within their respective professions, industries or trades, and carry all necessary insurance;
  7. Conduct business with fairness, integrity, and in an honest and forthright manner, and disclose any potential for conflict of interest;
  8. Negotiate all contracts in good faith without bribes, inappropriate incentives or concealed payments;
  9. Associate members are required to report any action that may represent a breach of this Code to the ACMO Ethics Committee for investigation;
  10. Comply with the laws of Ontario and Canada as applicable.

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To establish and maintain public confidence in the honesty, integrity, professionalism and ability of the CONDOMINIUM MANAGEMENT FIRM (hereinafter “the FIRM”) is fundamental to the future success of the enjoyment of condominium living in Ontario. This Code and performance pursuant to its provisions will be beneficial to the continued development of a mutually beneficial relationship among condominium managers, condominium corporations, condominium residents, suppliers, employers of managers and the general public.

The FIRM is instrumental in molding the nature of the condominium community and the living conditions of its residents.

The FIRM shall:

Support the advancement of professional management through the mutual efforts of members of the Industry and by any other proper means.

Seek and maintain an equitable, honourable and cooperative association with fellow members of the Industry.

Place honesty, integrity and industriousness above all else, to pursue gainful efforts with diligent study and dedication to the end that service to clients shall always be maintained at the highest possible level.

Comply with the principles and declarations of ACMO as set forth in its By-Laws, Regulations and this Code.

1. JOINT OBLIGATIONS

The firm owes a duty jointly to its clients and employees to be competent to perform the managerial services offered to clients.

It is recognized that the FIRM must balance the joint obligation in a manner which reflects positively on the profession of condominium management. In exercising judgment in matters of joint obligation, the FIRM must keep foremost in mind the guidance found in this CODE. The FIRM shall not place its employees in a position of conflict of loyalties between the employer and the client.

2. OBLIGATION TO CLIENTS

The client is defined to be the condominium corporation or proposed corporation to whom the FIRM is providing service for fee. The FIRM shall at all times exercise business loyalty to the interests of its clients and shall be diligent in the maintenance and protection of the clients’ properties with due regard for the rights, responsibilities and benefits of the residents. In order to achieve this goal, the FIRM shall not engage in any activity that could be reasonably construed as contrary to the best interests of the client, its property and the real property. The FIRM may represent private interests, actual or potential, divergent or conflicting with those of the client, as long as the client has been previously notified in writing of the actual or potential conflict of interest, and has also in writing assented to such representation. The FIRM, as a fiduciary for the client, shall not receive, directly or indirectly, any rebate, fee, commission, discount or other benefit, whether monetary or otherwise, that has not been fully disclosed to and approved by the client.

3. OBLIGATION TO EMPLOYEES

The FIRM shall encourage its employees in their pursuit of professionalism and shall treat its employees with dignity and respect.

4. ADVISING EMPLOYER AND CLIENTS

The FIRM must be both candid and honest when advising its client and employees.

5. DISCLOSURE

Notwithstanding clause 4, the FIRM shall not disclose to a third party confidential information concerning the business of a client without prior written consent of the client, except as may otherwise be required or compelled by law.

6. ACCOUNTING AND REPORTING

The FIRM shall at all times keep and maintain accurate accounting records concerning the properties managed for the client, and that such records shall be available for inspection at all reasonable times by each client. The FIRM shall ensure that the client is furnished, at intervals to be agreed upon with the client, a regular report in respect to that client’s finances. The bank account should be held in the client’s name and under the client’s ultimate control.

7. PROTECTION OF FUNDS AND PROPERTY

Within the terms of the management agreement, the FIRM shall at all times exert due diligence for the protection of its client’s funds, assets and the real property in the possession or control of the FIRM against all reasonably foreseeable contingencies or losses

8. RELATIONS WITH OTHERS

The FIRM shall not make, publish, authorize or otherwise encourage any derogatory or disparaging comments concerning the practices of another FIRM or condominium manager. The FIRM shall not exaggerate or misrepresent the services offered by the FIRM itself or as compared with other FIRMS.

9. CONTRACT

The FIRM shall not make, publish, authorize or otherwise encourage any derogatory or disparaging comments concerning the practices of another FIRM or condominium manager. The FIRM shall not exaggerate or misrepresent the services offered by the FIRM itself or as compared with other FIRMS.
No contract shall contain any termination or renewal provision that would make it more difficult for the client to terminate the contract than upon ninety (90) days notice of termination without cause, unless the FIRM has provided the client with written notice quoting this Corporate Code of Ethics provision, and has received a written acknowledgement of receipt of the same from the client before the contract is executed.

10. TURNOVER

Without limiting the FIRM’s legal rights in the case of a dispute, the FIRM shall return all the client’s property and records, which are required for the ongoing operation of the client, by the commencement date of the new management agreement. All other client’s documents shall be returned to the client no later than 45 days thereafter.

11. COMPLIANCE WITH LAWS AND REGULATIONS

The FIRM shall at all times conduct its business activities with knowledge of and in compliance with the Condominium Act, all other pertinent legislation, the Declaration, Bylaws, Rules and the written Procedures and Policies of its clients.

12. COMPETITIONS

Nothing in this Code shall restrict legal and reasonable business competition by and among the FIRMs and the FIRM shall at all times be aware of provincial and federal marketing and competition legislation and shall operate completely within these laws and regulations.

13. INSTRUCTIONS FROM CLIENT

The FIRM must make clients aware, in writing if necessary, of any instructions given to it which are in conflict with the Condominium Act, all other pertinent legislation, the Declaration, Bylaws, Rules and the written Procedures and Policies of its clients

14. ENFORCEMENT

Any infringement by a FIRM of the obligations of this Code shall be dealt with in accordance with the by-laws of ACMO. A FIRM shall cooperate with ACMO and its agents and committees in the investigation and enforcement of this Code or by-laws. No FIRM shall interfere or obstruct the investigation and enforcement of this Code or by-laws. No FIRM shall seek recourse against ACMO, its officers, directors, members, committees or committee members, agents or employees for the investigation or enforcement of this Code or by-laws except as set out in the by-laws. No person shall contact a member of the Ethics Committee, Discipline Committee, Appeal Committee or Board of Directors about the investigation or enforcement of this Code or by-laws except as set out in the by-laws