Condominium Authority of Ontario

Transcription

1 Cndminium Authrity f Ontari Guide t Filing Cnd Returns and Paying CAO Assessments Cntents 1. What Are Cnd Returns? What Cnd Returns Need t be Filed in 2018? Hw Will the Infrmatin Prvided in Cnd Returns Be Used? Wh Can File Cnd Returns? Imprtant Infrmatin Befre Yu Begin Filing Cnd Returns Step-by-Step Instructins fr Filing Cnd Returns... 6 Step 1: Crpratin Details Sectin... 7 Step 2: Phased Cnd Crpratin... 9 Step 3: Ttal Number f Units and Ttal Number f Vting Units (des nt apply t Cmmn Elements crpratins) Step 4: Date f Turn-ver meeting, if held n r after January 1, Step 5: Crpratin s fiscal year start and end dates Step 6: Whether an rder f the Superir Curt f Justice is in effect appinting an inspectr r administratr t the cnd crpratin Step 7: Addresses Step 8: Bard f Directrs Step 9: Cnd Management Services Step 10: Other Representatives (Optinal) Step 11: Review and Submit Viewing Filed Cnd Returns Viewing and Paying Assessment Invices Last Updated: March

2 1. What Are Cnd Returns? Starting in 2018, all cnd crpratins in Ontari are legally required t file cnd returns with the Cndminium Authrity f Ontari (CAO). Fr mre infrmatin n the legal requirements relating t cnd returns, yu can review the Cndminium Act, 1998, and Ontari Regulatin 377/17. Filing a return means prviding specific key infrmatin abut the cnd crpratin, such as the date it was created 1, its address fr service, and infrmatin abut the current bard f directrs. If any f the infrmatin prvided in a return changes, cnd crpratins must file a ntice f change within 30 days f the change(s). The Ontari gvernment has set ut fur different types f returns and a ntice f change, each with its wn infrmatin requirements and deadline(s). The table belw prvides a summary f the fur types f returns and ntice f change: RETURN TYPE FILING FREQUENCY TRANSITIONAL One-time CONDO CORPORATION MUST FILE: If created befre January 1, 2018 FILING DEADLINE by March 31, INITIAL One-time If created n r after January 1, 2018 TURN-OVER One-time If its turn-ver meeting was held n r after January 1, 2018 ANNUAL Yearly All cnd crpratins within 90 days f being created within 90 days f the turn-ver meeting between January 1 and March 31 each year, unless: the cnd crpratin was created between January 1 and March 31 in any year as f If this is the case, the annual return must be filed within 90 days f being created. NOTICE OF CHANGE As Needed when infrmatin filed in a return changes Within 30 days f the change 1 Please nte that "created" means when the declaratin and descriptin f the crpratin were registered at the land registry ffice. 2

3 2. What Cnd Returns Need t be Filed in 2018? Fr reference, the CAO has prepared the table belw, which utlines the types f returns required t be filed in 2018, and their respective filing deadlines: Date Cnd Crpratin was Created Return(s) t be Filed in Filing Deadline Befre January 1, 2018 Transitinal (ne-time) March 31, 2018 Annual (yearly) January 1, 2018 t March Initial (ne-time) Bth returns t be filed within 90 days 31, 2018 Annual (yearly) f cnd crpratin being created April 1, 2018 t December Initial (ne-time) Within 90 days f cnd crpratin 31, 2018 being created N/A Turn-ver (ne-time) Within 90 days f the turn-ver meeting IF the turn-ver meeting was held n r after January 1, N/A Ntice f Change (as needed) Within 30 days if any infrmatin changes. Nte: Every cnd crpratin that files a return in 2018 will need t file an Annual Return between January 1 and March 31, 2019, and every year thereafter. 3. Hw Will the Infrmatin Prvided in Cnd Returns Be Used? It is imprtant that cnd crpratins ensure that the infrmatin prvided in cnd returns is current and accurate, as it will be used fr tw purpses, which are set ut in the Cndminium Act, 1998: I. It will be included in a publicly available and searchable cnd registry, which will be available n the CAO s website; and, II. It will be used t determine the annual assessment amunt that the crpratin must pay t the CAO. I. Public Cnd Registry Beginning April 1, 2018, the CAO is required t maintain a publicly available and searchable registry (database) cntaining the mst recent infrmatin filed in returns and ntices f change fr every cnd crpratin in Ontari. This public registry will be available n the CAO website and will prvide wners, residents, purchasers, as well as ther members f the cnd cmmunity and the brader public, with access t key infrmatin abut individual cnd crpratins, such as the address fr service and the names f directrs. The Public Cnd Registry may nt be used fr cmmercial purpses and bulk infrmatin will nt be prvided. N addresses prvided t the CAO as part f a Cnd Return will be published, nr will any persnal infrmatin abut directrs, ther than their names and the start dates f their terms n the bard. 3

4 II. CAO Annual Assessment All cnd crpratins are required t pay an annual assessment t the CAO. After a public cnsultatin in the summer f 2017, the annual assessment amunt fr each cnd crpratin has been set at $1 per vting unit per mnth, fr cmmn elements cnd crpratins, the assessment wuld be $1 per maximum vte per mnth. The first assessment perid is September 1, 2017 t March 31, Cnd crpratins that cmpleted the registratin prcess with the CAO between September 1, 2017 and February 28, 2018 have already been inviced fr the assessment perid. All future annual assessment perids are April 1 t March 31. Invices fr the assessment perid will be issued using the infrmatin prvided by Annual and Initial Returns filed in When a new crpratin is created (registered at the land registry ffice), then the initial assessment fr that crpratin, will be a pr-rated daily charge. This daily charge will begin n the date f registratin until March 31. The Cndminium Act, 1998 requires that the ttal assessment fr each cnd crpratin be added t the cmmn expenses. Individual cnd wners are t be charged based n the percentage that they cntribute t the cmmn expenses as set ut in the cnd crpratin s declaratin. 4. Wh Can File Cnd Returns? The Cndminium Act, 1998 sets ut that the fllwing peple can file cnd returns n behalf f a cnd crpratin: A directr r fficer f the crpratin A licensed cnd management prvider An individual having knwledge f the affairs f the crpratin (fr example, lawyer r accuntant) T file a cnd return using the CAO s nline filing system, yu must have an accunt with the CAO, and have the ability t act n behalf f the cnd crpratin. Fr mre infrmatin n hw t create an accunt, please see the Guide t Creating Accunts and Managing Crpratin Prfiles in the CAO s Online System available n the CAO s website at: 4

5 5. Imprtant Infrmatin Befre Yu Begin Filing Cnd Returns Gathering the required infrmatin It is recmmended that yu take the time t review and gather the infrmatin yu are required t prvide befre yu start the return filing prcess. The required infrmatin is utlined in the next sectin, entitled Step-by-Step Instructins fr Filing Cnd Returns. If yu are nt sure abut any f the infrmatin yu are required t prvide, yu can: Refer t the cnd crpratin s declaratin and descriptin Ask all the cnd crpratin s directrs and/r the cnd manager, if any Speak t a lawyer r paralegal Cmpleteness and Accuracy Please ensure all infrmatin entered in the return is cmplete and accurate. If yu make a mistake when filing a return, yu will have t file a ntice f change t crrect it. If the cnd crpratin registered with the CAO prir t February 28, 2018, the returns prcess will shw yu the infrmatin that was prvided during registratin. If any f this infrmatin needs t be updated r crrected, yu must make the necessary edits when filing a cnd return fr the first time. If yu cannt cmplete the returns filing prcess in ne sessin, yu can scrll t the bttm f the page and click the Save and Exit buttn. This will allw yu t cme back and cmplete the return in the future as it des nt submit the return t the CAO. After having prvided all the required infrmatin, yu will be asked t cnfirm that the infrmatin yu are filing is cmplete and accurate. Filing Multiple Returns Simultaneusly Mst crpratins will need t file at least tw types f cnd returns the first time they need t file. Fr example, all crpratins created n r befre March 31, 2018 will need t file: a ne-time return (either Transitinal r Initial); and an Annual Return. The CAO s nline cnd return filing system will determine which cnd return(s) need t be generated based n the infrmatin yu have prvided fr the cnd crpratin. If mre than ne return is required t be filed, yu will nly need t enter the infrmatin nce. After yu click n submit t file yur return(s), the system will create a cpy f each filed cnd return as a PDF dcument fr yur recrds. (See Sectin 7: Viewing Filed Cnd Returns) 5

6 6. Step-by-Step Instructins fr Filing Cnd Returns 6

7 Step 1: Crpratin Details Sectin Full legal name f the cnd crpratin The full legal name f the crpratin is assigned by the land registry ffice when the crpratin is created (when the crpratin s declaratin and descriptin were registered). All legal names include the wrds CONDOMINIUM CORPORATION NO... If the cndminium crpratin was created n r after May 5, 2001, the legal name must als include the crpratin s type (e.g., STANDARD, COMMON ELEMENTS, r VACANT LAND ) Operating Name (Optinal) This is the name that the cnd crpratin is cmmnly knwn by and may be the name displayed n the building r an entrance sign. Date that the cnd crpratin was registered at the Land Registry Office This is the date that the crpratin was created (when the crpratin s declaratin and descriptin were registered at the land registry ffice) by the declarant. This date is used t calculate the amunt f the crpratin s first assessment invice. Please carefully check any date that is already entered and, if necessary, crrect it. Nte that a crrectin may affect the crpratin s assessment amunt. The date may be selected using the calendar tl (click n the calendar icn) r the date can be entered in the space prvided using the frmat: DD/MM/YYYY. Fr example, July 10, 2017 wuld be entered as: 10/07/

8 Type f cnd crpratin Use the drpdwn menu t select whether the cnd crpratin was registered as a Standard, Cmmn Elements r Vacant Land crpratin. This infrmatin is included in the declaratin (and may be included in the cnd crpratin s full legal name). Belw is infrmatin abut the different types: Standard Crpratin: Owners f this type f crpratin wn their units and have an wnership interest in the cmmn elements and assets (such as hallways, elevatrs, etc.). Cmmn Elements Crpratin: This type f crpratin has n units but has cmmn elements like rads, a glf curse, r a ski hill. The cmmn interest f an wner in the crpratin is attached t the wner s parcel f land knwn as parcel f tied land. Vacant Land Crpratin: Buildings/Structures were nt built when the declarant registered the cnd crpratin. Select whether the cnd crpratin is Freehld r Leasehld. These terms apply t the land ccupied by the cnd crpratin. Freehld Leasehld Freehld means that the cnd crpratin wns the land set ut in its declaratin and descriptin. Leasehld means the land is nt wned by the cnd crpratin and is leased. The rent payable t the landwner is included as a cmmn expense. Once the lease expires, the right f the crpratin s unit wners t ccupy the land terminates. 8

9 Step 2: Phased Cnd Crpratin Was the crpratin registered as a phased cndminium? A phased cnd crpratin can add new units and/r cmmn elements in phases. The crpratin is identified as a phased crpratin in the declaratin when it is initially registered at the land registry ffice. The declarant must then must register each phase at the land registry ffice by amending bth the declaratin and descriptin. If the crpratin is a phased cndminium, yu will then need t indicate if all the phases were cmpleted befre September 1 st, If the answer is N, yu will need t prvide mre infrmatin in tw different parts. In Part A yu will need t prvide the ttal number f units and ttal number f vting units fr the crpratin n September 1, 2017 (the Assessment Start Date), if the crpratin existed n this date. If the phased crpratin was created after September 1, 2017, then enter the creatin/initial registratin date as the Assessment Start Date and the ttal number f units and ttal number f vting units at that time. In Part B yu will need t prvide infrmatin fr each phase that was registered after September 1 st, Click n the Add Cnd Phase buttn t add a phase. Yu can 9

10 add as many phases as required. Fr each phase added, enter the ttal number f units and ttal number f vting units fr that phase nly. Part C is a read-nly summary f the unit ttals fr the phased cnd crpratin. The system will add the ttals yu entered, s this sectin shuld shw the current ttal number f units and ttal number f vting units fr the crpratin t date. Step 3: Ttal Number f Units and Ttal Number f Vting Units (des nt apply t Cmmn Elements crpratins) Enter the cnd crpratin s ttal number f units. The ttal number f units includes all units used fr any purpse, including residential, parking, strage, and cmmercial units (if any). This ttal number f units is listed n the crpratin s declaratin and descriptin. Click the Update Units buttn t crrect r change the ttal number f units that was previusly prvided t the CAO. Yu will als need t enter the Effective Date f the changed number f units. 10

11 If the updated ttal is a crrectin and the ttal number f units has never changed since the crpratin was created, then enter the date that the crpratin s declaratin and descriptin were registered at the land registry ffice. If the updated ttal is a change in the ttal number f units since the crpratin was created, then enter the date that the change tk effect. The date may be selected using the calendar tl (click n the calendar icn) r the date can be entered in the space prvided using the frmat: DD/MM/YYYY. Fr example, September 16, 2016 wuld be entered as: 16/09/2016. Enter the cnd crpratin s ttal number f vting units The ttal number f vting units is the maximum number f vtes that can be cast r cunted at a meeting f all the wners. Please ensure that yu are entering the crrect ttal number f vting units as this number is used t calculate the cnd crpratin s assessment amunt. Click the Update Units buttn t crrect r change the ttal number f vting units that was previusly prvided t the CAO. Yu will als need t enter the Effective Date f the changed number f vting units. Please nte that changes t the ttal number f vting units will affect the crpratin s assessment amunts. If the updated ttal is a crrectin and the ttal number f vting units has never changed since the crpratin was created, then enter the date that the crpratin s declaratin and descriptin were registered at the Land Registry Office. 11

12 If the updated ttal is a change in the ttal number f vting units since the crpratin was created, then enter the date that the change tk effect. The date may be selected using the calendar tl (click n the calendar icn) r the date can be entered in the space prvided using the frmat: DD/MM/YYYY. Fr example, September 16, 2016 wuld be entered as: 16/09/2016. Maximum Number f Vtes (fr Cmmn Elements crpratins nly) This is the maximum number f vtes that can be cast r cunted at an annual general meeting fr a cmmn elements crpratin. It is als the number f parcels f tied land (POTL) n recrd at the land registry ffice. Please ensure the crrect number is entered as the maximum number f vtes will be used t calculate the cnd crpratin s assessment amunt. Click the Update Units buttn t crrect r change the maximum number f vtes that was previusly prvided t the CAO. Yu will als need t enter the Effective Date f the changed number f vtes. Please nte that changes t the maximum number f vtes will affect the crpratin s assessment amunts. If the updated ttal is a crrectin and the maximum number f vtes has never changed since the crpratin was created, then enter the date that the crpratin s declaratin and descriptin were registered at the Land Registry Office. If the updated ttal is a change in the maximum number f vtes since the crpratin was created, then enter the date that the change tk effect. The date may be selected using the calendar tl (click n the calendar icn) r the date can be entered in the space prvided using the frmat: DD/MM/YYYY. Fr example, September 16, 2016 wuld be entered as: 16/09/

13 Step 4: Date f Turn-ver meeting, if held n r after January 1, 2018 Has the cnd crpratin held its Turn-ver meeting? A cnd crpratin is required t hld a turn-ver meeting when the declarant (usually the develper r builder) n lnger wns the majrity f the cnd crpratin s units. At the turn-ver meeting, the wners elect a new bard f directrs, and the declarant must deliver key crpratin dcuments t the new bard. Select Yes r N t answer the questin: Has the Crpratin held its Turn-ver Meeting? If the answer is N, the crpratin will be required t file a Turn-ver return with the CAO within 90 days f hlding the turn-ver meeting. If yu selected Yes fr the abve questin, yu will then be asked t select Yes r N t answer the questin: Was the turn-ver meeting held n r after Jan 1, 2018? If the answer is N (i.e. the turn-ver meeting was held befre January 1, 2018), then yu can mve n t next questin. If yu selected Yes because the turn-ver meeting was held n r after Jan 1, 2018, then prvide the date f the meeting. The date may be selected using the calendar tl (click n the calendar icn) r the date can be entered in the space prvided using the frmat: DD/MM/YYYY. Fr example, September 16, 2016 wuld be entered as: 16/09/

14 Declarant s Name The declarant, usually the develper r the builder, registered the crpratin s declaratin and descriptin at the land registry ffice t create the cnd crpratin. Please enter the declarant s full name in the space prvided. Step 5: Crpratin s fiscal year start and end dates Cnd Crpratin s Fiscal Year A fiscal year is a perid that the crpratin uses fr accunting purpses. Enter the mnth and day f the fiscal year start and end dates (yu dn t need t enter any years). Examples f fiscal years are: January 1 t December 31 April 1 t March 31 Octber 1 t September 30 Date f the mst recent annual general meeting, if any has been held yet At the annual general meeting (AGM), the bard reprts t wners n matters such as the financial health f the crpratin, any upcming majr repairs r renvatins, as well as any litigatin invlving the crpratin. The meeting agenda als includes the electin f directrs. Enter Yes r N t the questin Has the Crpratin ever held an Annual General Meeting? If the answer is N, then yu can mve nt the next questin. If yu answered Yes t the abve questin, then enter the date f the last meeting. The date may be selected using the calendar tl (click n the calendar icn) r the 14

15 date can be entered in the space prvided using the frmat: DD/MM/YYYY. Fr example, September 16, 2016 wuld be entered as: 16/09/2016. Step 6: Whether an rder f the Superir Curt f Justice is in effect appinting an inspectr r administratr t the cnd crpratin Select Yes r N t whether there is currently an rder f the Superir Curt f Justice appinting an inspectr r administratr. If the answer is Yes, then yu must prvide the fllwing infrmatin: The date f the rder. The date may be selected using the calendar tl (click n the calendar icn) r the date can be entered in the space prvided using the frmat: DD/MM/YYYY. Fr example, September 16, 2016 wuld be entered as: 16/09/2016. Select whether an inspectr r administratr has been appinted using the drpdwn menu. The full name f inspectr r administratr. The address f service f the inspectr r administratr. Step 7: Addresses Address fr Service Prviding a valid address fr the cnd crpratin will allw fr efficient cmmunicatin f imprtant infrmatin/ntices by the CAO. This address will nt be shared with anyne utside the CAO r made public in any way. Address fr Service This is the cnd crpratin s fficial address fr receiving business and legal dcuments. Every cndminium crpratin must have a single address fr service. 15

16 Municipal Address(es) This is the address (r addresses) listed n the crpratin s declaratin, if any. Municipal addresses indicate where the crpratin s buildings are lcated in Ontari. T add an address, click n the Add Address buttn and enter the required infrmatin. Click n the Save and Clse buttn t add the address and return t the frm. If yu dn t want t add an address, then click n the Cancel buttn t return t the frm. 16

17 T edit r delete a municipal address, click n the address under Street 1 r the icn at the end f the rw. Selecting Edit will have the address infrmatin page pp up, and yu will have the pprtunity t change the address infrmatin. Selecting delete will remve the municipal address entirely. Step 8: Bard f Directrs Directrs: Names and appintment/electin dates Please ensure that all current directrs f the crpratin are entered in this sectin. Cnd crpratins are legally required t have at least three (3) directrs. 17

18 Select Add a Directr and enter the directr s name, address and term start date (date f appintment r electin). Yu will als be asked whether r nt the directr being added will have the ability t act n behalf f the crpratin. It is recmmended that at least tw (2) directrs be given the ability t act n behalf f the crpratin. Yu may als indicate the directr s rle, if any, such as President, Secretary r Treasurer. T edit/delete directr infrmatin, click n the first name r the icn at the end f the rw. 18

19 Selecting edit will have the directr s infrmatin pp up, and yu will have the pprtunity t change this infrmatin. Selecting delete will remve the directr entirely. Step 9: Cnd Management Services Cnd Management Cmpany: If the crpratin has an agreement/cntract t receive cndminium services frm a cndminium management cmpany, enter the cmpany s name and address in the Cnd Management Services table by clicking the Add Management Cmpany buttn. T edit/delete infrmatin prvided fr a cnd management cmpany, click n the cmpany name r the icn at the end f the rw. Selecting edit will have the cnd management cmpany s infrmatin pp up, and yu will have the pprtunity t change this infrmatin. Selecting delete will remve the cnd management cmpany entirely. Cnd Management Individual/Emplyee: If the crpratin has an agreement/cntract t receive cndminium services frm an individual cndminium manager (nt a cmpany), enter the manager s name and address in the Cnd Management Individual/Emplyee table by clicking the Add Management Individual buttn. If a cnd management cmpany was entered in the table abve, enter any emplyees f the cmpany wh are prviding management services t the crpratin by clicking the Add Management Individual buttn. Please als select the emplyee s cmpany name frm the drpdwn list. 19

20 T edit/delete manager infrmatin, click n the first name r the icn at the end f the rw. Selecting edit will have the manager s infrmatin pp up, and yu will have the pprtunity t change this infrmatin. Selecting delete will remve the manager entirely. Step 10: Other Representatives (Optinal) Other Representatives In additin t directrs and cnd management service prviders, the crpratin can add anther type f cntact wh will have the ability t act n behalf f the crpratin. 20

21 Examples f ther representatives include the crpratin s lawyer r accuntant. T edit/delete representative infrmatin, click n the first name r the icn at the end f the rw. Selecting edit will have the representative s infrmatin pp up, and yu will have the pprtunity t change this infrmatin. Selecting delete will remve the representative entirely. Step 11: Review and Submit Once yu have cmpleted entering the required infrmatin, click n the Save and Next buttn. Select the Save and Next buttn when yu think yu have entered the required infrmatin and want t cmplete the filing prcess. If yu have missed a required infrmatin field, yu will nt be able t mve t the next screen. An errr message will appear in the Validatin Summary at the tp f the frm t tell yu what infrmatin yu are missing. If yu have yu have entered all the required infrmatin, yu will be taken t the next page t review the infrmatin t ensure it is accurate and cmplete. If yu need t crrect any infrmatin befre yu cmplete the filing prcess, click n the G Back buttn. Crrect the infrmatin and click the Save and Next buttn again. Befre yu can cmplete the filing prcess, yu must cnfirm that the infrmatin submitted is cmplete and accurate by selecting the check bx next t the statement Once yu click n the Submit Return buttn, the return(s) will be filed with the CAO. 7. Viewing Filed Cnd Returns This next screen will shw a list cntaining the return(s) that the system generated based n the infrmatin yu prvided. Click n the Dwnlad PDF buttn t view each type f return that was filed. 21

22 When yu dwnlad a PDF dcument, it will pen in a separate tab. Frm the new tab, yu may wish t print r save a cpy f the return yu filed. PDFs f filed returns can be accessed in the future by clicking n Returns Histry in the left-hand navigatin menu. Click n the Prceed t Invices buttn belw the Crpratin Return Recrds table t view any assessment invices that have been issued fr the crpratin based n the infrmatin prvided in the filed return(s). 8. Viewing and Paying Assessment Invices This next screen will shw a list f each Assessment Invice issued based n the infrmatin yu prvided in the filed return(s). Issued invices can be accessed in the future by clicking n Invices in the left-hand navigatin menu. Click n an Assessment Invice r the icn at the end f the rw t view the invice s details and payment ptins. 22

23 The Invice Detail screen will shw the assessment invice infrmatin fr the selected assessment perid (the example abve is shwing the assessment fiscal year, which is April 1, 2018 t March 31, 2019). Frm here, yu can print the invice, pay the invice r click n the Back t Invices buttn t return t the invice list. When yu click n the Print Invice buttn, the PDF f the invice will pen in a separate tab. Return t this screen t view any additinal invices. T pay the invice(s), please chse frm the fllwing three (3) payment ptins: OPTION 1: T pay nw Select Pay By Credit Card and INTERAC Online then click Pay Nw ; Chse yur payment methd f either Credit Card r INTERAC Online; If yu select Credit Card enter yur credit card details, then click "Prcess Transactin"; If yu select INTERAC Online, click "Prceed t Online Banking" OPTION 2: T pay by cheque Select Pay By Cheque then click Pay Nw ; Make yur cheque, certified cheque r mney rder payable t: The Cndminium Authrity f Ontari 23

24 P.O. Bx RPO St Clair Center Trnt, ON M4T 3A1 Payment in full must be received by the Cndminium Authrity f Ontari within 30 days f the invice date. Multiple invices can be paid by ne cheque. Please send a cpy f the invice(s) alng with the cheque. OPTION 3: T pay later Select 'Pay Later' When ready t pay, lgin t the CAO website with yur username and passwrd, select 'My Crpratins', chse the crpratin frm yur prfile and pay the utstanding invice Payment in full must be received by the Cndminium Authrity f Ontari within 30 days f the invice date 24