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Wlodarczyk v. Metropolitan Toronto Condominium Corporation No. 1359 - 2023 ONCAT 117 - 2023-08-24

Corporation:

WMTCC 1359

Date:

2023-08-24

Under:

CAT Decisions - Decision
Adequacy of Records
Fees, Costs, Penalties

Summary:

The case of Wlodarczyk v. Metropolitan Toronto Condominium Corporation No. 1359 was brought before the Condominium Authority Tribunal (CAT) regarding a dispute over the adequacy of records requested by the applicant, a unit owner in Metropolitan Toronto Condominium Corporation No. 1359 (MTCC 1359). The dispute centered around two requests for records related to contracts for balcony drip ledges. The applicant alleged that MTCC 1359 had not provided the requested records. After a thorough analysis, the Tribunal found that the records had been provided, and there was no violation of the Condominium Act, 1998. Therefore, no penalty was imposed, and no costs were awarded to either party.

Verdict:

In the case of Wlodarczyk v. Metropolitan Toronto Condominium Corporation No. 1359, the applicant filed a complaint against the condominium corporation (MTCC 1359) for not providing her with specific records related to contracts for balcony drip ledges. The tribunal found that MTCC 1359 had provided the requested records in response to the applicant's first request and that there was no additional record corresponding to the second request. As a result, no penalty or costs were awarded to either party, and the application was dismissed.

The lesson from this case is that when seeking specific records from a condominium corporation or similar entity, it's essential to be clear and specific in your record requests. If the requested records are provided by the corporation, even if there are minor issues or delays, it may not warrant a penalty. Additionally, parties involved in such disputes should consider working towards a more cooperative and less adversarial approach to resolve issues, as repeated disputes can lead to further expenses and tensions between the parties.

Takeaways:


Background: the applicant, sought condominium records from Metropolitan Toronto Condominium Corporation No. 1359 (MTCC 1359) related to contracts for balcony drip ledges.

Records Request: The applicant made two requests for records, one on July 6, 2022, and another on September 12, 2022. She alleged that MTCC 1359 did not provide her with the requested contracts.

Decision on Adequacy of Records: The tribunal found that MTCC 1359 had satisfied its obligations under the Condominium Act, 1998 by providing the requested records. The July 6, 2022 request was fulfilled within a short delay, and the October 15, 2021 Contract was deemed adequate. The September 12, 2022 request for a contract that didn't exist was also considered resolved.

No Penalty: The tribunal ruled against imposing a penalty on either party, as there was no unreasonable refusal to provide the records.

No Costs: The tribunal did not award any costs to either party, as both sides exhibited shortcomings and disagreements in their conduct, suggesting a need for improved communication and resolution strategies.

This case underscores the importance of clarity and understanding in requests for condominium records and highlights the need for efficient communication between parties involved in such disputes.

Recommendations: 

Improve Record Management and Timeliness: The condominium corporation, Metropolitan Toronto Condominium Corporation No. 1359, should focus on improving its record management procedures to ensure timely responses to record requests from unit owners. It's essential to comply with the timeframes mandated by the Condominium Act, 1998. Implement a system to keep track of incoming record requests and ensure they are responded to promptly.

Enhance Communication and Transparency: The parties involved should strive to enhance communication and transparency to prevent future disputes. Clear and timely communication can help avoid misunderstandings and unnecessary conflicts. Unit owners, like the Applicant, should be informed about any unusual circumstances related to their requests, and the condominium corporation should provide explanations when records are not readily available or have specific details.

Seek Mediation or Alternative Dispute Resolution: Given the history of disputes between the Applicant and the condominium corporation, it is advisable for both parties to explore mediation or alternative dispute resolution methods before resorting to formal legal proceedings. Mediation can be a cost-effective and efficient way to resolve conflicts and reach mutually acceptable solutions without the need for costly legal representation and the associated expenses. Seeking a mediated resolution may help improve the working relationship between the parties and prevent future disputes

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