“Can we fine this owner?  How do we respond to this accommodation request? Can we fire this employee?” Condominium managers hear questions like these too frequently. It’s tempting to provide quick, confident answers — after all, managers are problem-solvers, and boards expect solutions. But here’s the challenge: when does helpful guidance cross the line into legal advice?

The Condominium Act, 1998, and CMRAO standards make it clear that managers can explain what the law says, but interpreting what it means or advising on legal outcomes must be left to lawyers. Walking this fine line isn’t about avoiding questions — it’s about protecting yourself, your board, and your community.

Understanding the Boundaries

Managers operate in a unique space between administration and law. Their role is to ensure compliance, facilitate board decisions, and maintain operational efficiency. Legal interpretation, however, falls outside that scope.

Recent Real World Example:

A prospective buyer asks if they can move into the condominium with three support animals, even though the condominium’s rules permit only one pet per unit, and can only provide very vague documentation. While it’s natural to want to give a quick answer, determining whether a person’s animals qualify as support animals involves interpreting human rights and housing laws. The manager’s role is to acknowledge the rule, explain that exceptions may involve legal considerations, and refer the inquiry to the condominium’s lawyer for proper evaluation.

This example illustrates the difference between compliance and interpretation. Managers are not expected to judge eligibility, assess medical documentation, or balance competing rights under the Ontario Human Rights Code – those are legal determinations. Instead, their responsibility is to manage the process fairly, document the inquiry, and ensure the matter is referred correctly.

Common Gray Areas

Certain issues blur the line between management and legal advice:
•    Rule Enforcement: Courtesy notices are acceptable; legal notices or fines (chargebacks) require the input of a lawyer.
•    Litigation or Threats of Lawsuits by Owners: Any instance in which an owner threatens legal action or files a claim should be referred to condominium counsel for guidance.
•    Human Rights Requests: Collect facts and communicate with empathy — but immediately refer accommodation decisions to legal counsel.
•    Defining Unit Boundaries: Unit boundaries can be challenging to decipher. When large projects and significant costs are at stake, it is always advisable to consult counsel for clarification.
•    Lien Enforcement: Track arrears, remind boards of deadlines — but let counsel advise when and how to register.

Even well-meaning managers can stumble in these areas by offering opinions intended to help the board “save on legal costs.” Ironically, such shortcuts can lead to far greater expenses later if the advice proves incorrect.

“Managers don’t need to know everything—they just need to know when to call counsel.”

The Risks of Overstepping

Offering legal advice, even unintentionally, can backfire. The risks extend beyond the individual manager:
•    Legal Exposure: Boards may act on incorrect advice, which can lead to disputes, tribunal proceedings, or lawsuits.
•    Professional Risk: The CMRAO may consider this an unauthorized practice, which could result in disciplinary action.
•    Reputational Damage: Once a board questions your professional boundaries, trust can be difficult to rebuild.

Managers also expose the corporation to risk. If a decision later faces legal scrutiny, opposing counsel may argue that the board relied on unqualified advice. Properly referring matters to lawyers protects both the manager’s integrity and the corporation’s legal standing.

The 3Rs Framework

A simple approach for managers to stay professional and compliant:
1.    Refer: When legal interpretation is needed, refer the matter to counsel. Explain that involving legal professionals ensures clarity and protects the corporation.
Example: “This involves interpretation under the Human Rights Code — let’s have legal counsel confirm the next step.”
2.    Reframe: Present information factually, not opinionated. Focus on what legislation or governing documents state, not what you think should happen.
Example: “The Act doesn’t permit fines, but it does allow recovery of costs through chargebacks — legal can clarify if that applies here.”
3.    Record: Document your guidance and referrals in writing or minutes. This transparency protects both you and your corporation.
Example: “The Manager advised that legal counsel should be consulted. The Board agreed to obtain advice.”

Communication Strategies

Navigating these conversations takes finesse and professionalism. Try these practical approaches:

1.    Use Neutral Language: Frame discussions around what “the Act” or “the Declaration” states—not personal opinions.
2.    Normalize Legal Consultation: Reassure boards that seeking counsel isn’t about creating extra work; it’s about due diligence and risk mitigation.
3.    Build Partnerships: Cultivate positive relationships with your corporation’s lawyers. A collaborative tone helps issues get resolved faster and builds mutual respect.
4.    Educate Boards: During onboarding or orientation, clarify your role versus legal counsel’s. Setting expectations early prevents confusion later.

“Referring to counsel doesn’t make you less capable — it shows you understand your professional boundaries.”

Enhancing Professional Practice

Staying within your lane isn’t about restriction — it’s about credibility. Managers who consistently demonstrate professional discipline are viewed as trusted partners by boards and lawyers alike.

You can take this further by:
•    Reading up on the Condominium Act and latest case law updates.
•    Building a checklist for common legal referral triggers.
•    Keeping written templates for common responses that maintain neutrality.
•    Before sending any sensitive communication, take one minute to ask: “Could this be construed as legal advice?”

The best managers integrate legal awareness into their daily workflows, not to provide advice, but to recognize when specialized input is required.

Closing Thoughts

Condominium managers wear many hats: financial coordinator, project overseer, mediator, and communicator. But one hat they should never wear is that of a lawyer.

By mastering the 3Rs—Refer, Reframe, Record—managers can confidently guide their boards, maintain professionalism, and stay compliant with CMRAO and legislative standards. The result is better governance, reduced liability, and stronger, more trusting relationships between managers and boards. 

Daulton Read, BA (Hons), HRM, CMRAO General Licensee, is the Founder and President of Read Property Management. With over half a decade of condominium management experience in Ontario, he combines regulatory expertise, hands-on service, and innovative technology to deliver tailored solutions for residential communities across the Niagara Region.
www.readpm.ca
 

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