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Stancu v. York Region Standard Condominium Corporation No.1055 - 2023 ONCAT 130 - 2023-09-12

Corporation:

SYRSCC 1055

Date:

2023-09-12

Under:

CAT Decisions - Decision
Access to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties

Summary:

In the case of Stancu v. York Region Standard Condominium Corporation No.1055, the Condominium Authority Tribunal (CAT) issued a decision on September 12, 2023, concerning a dispute related to access to records, adequacy of records, entitlement to records, fees, costs, and penalties. The applicant, brought the case because he believed that the respondent, York Region Standard Condominium Corporation No.1055 (YRSCC 1055), had failed to provide him with certain requested records in a timely manner and that the details of an invoice were inadequate. The CAT decision was made by Member Dawn Wickett.

Verdict:

In the case of Stancu v. York Region Standard Condominium Corporation No.1055, the Tribunal found that the Respondent did not respond to the Applicant's request for records within the prescribed thirty-day period and did not provide the response on the mandatory board response form, but the records were provided during the Tribunal proceedings, rendering the issue moot. The Tribunal determined that the details in the fence repair invoice were adequate. It was decided not to impose a penalty, and no costs were awarded to either party, as it was the first application brought by the Applicant and the breakdown in the relationship between the parties was attributed to both sides.




Takeaways:

The case, "Stancu v. York Region Standard Condominium Corporation No.1055," was decided by the Condominium Authority Tribunal (CAT) on September 12, 2023, under the authority of the Condominium Act, 1998.

The dispute revolved around the Respondent's failure to provide the Applicant with requested records within the prescribed thirty-day period, and the Respondent's failure to use the mandatory board response form when responding to the request.

The records were eventually provided to the Applicant, but the delay was minimal, and the intention was to cooperate with the owner's request, so no penalty was imposed on the Respondent.

The details of the fence repair invoice were considered adequate by the Tribunal, even though some specific information was missing, as it provided sufficient information for a full understanding of the invoice.

The Tribunal did not award costs to either party, and no further orders were made in this case. The Tribunal encouraged the parties to find a way to resolve their differences and coexist in their condominium community

Recommendations: 

Review and Comply with Bylaws: It is recommended that all parties involved review and adhere to the bylaws and governing documents of the respective condominium corporations. By understanding and following the rules and regulations set forth by the condominium, it can help prevent conflicts and ensure a harmonious living environment for all residents.

Open Communication and Mediation: To address the ongoing disputes or conflicts mentioned in the decisions, it is advisable for the parties involved to engage in open communication and consider mediation. By fostering a constructive dialogue and seeking a mutually agreeable resolution, they can work towards resolving their differences and finding a peaceful resolution.

Seek Legal Counsel: Given the complexity of the issues discussed in the decisions, it may be beneficial for the parties to seek legal counsel or consult with experts in condominium law. This can help them understand their rights, obligations, and potential legal remedies available to them. Legal professionals can provide tailored advice based on the specific circumstances and help navigate the complexities of condominium disputes.

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