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2342941 Ontario Inc. v Toronto Standard Condominium Corporation No. 2329 - 2019 ONCAT 44 - 2019-10-23

Corporation:

2OITSCC 2329

Date:

2019-10-23

Under:

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

Summary:

The case "2342941 Ontario Inc v Toronto Standard Condominium Corporation No 2329" involved a request for records by the Applicant from the Respondent under the Condominium Act. The Applicant requested both core and non-core records, some of which dated back to January 2015. The Respondent refused to provide the records, claiming that the request was not made on the prescribed form as required by the Condominium Act. The appointed member of the Condominium Authority Tribunal found that the Applicant was entitled to all of the requested records, as well as a penalty of $3000 for the Respondent's refusal to provide them without reasonable excuse. The decision reinforces the entitlement of unit owners to requested records, even if the request is not on the prescribed form, and highlights the importance of transparency in providing such records to unit owners.

Verdict:

the quick verdict or lesson from the case "2342941 Ontario Inc v Toronto Standard Condominium Corporation No 2329" is that unit owners have the right to request and access records from the condominium corporation, even if the request is not made on the prescribed form. Failure to provide the requested records without a reasonable excuse may result in penalties imposed on the condominium corporation.

Takeaways:

Entitlement to records: The case reinforces that unit owners have the right to request and access certain records from the condominium corporation under the Condominium Act. Even if the request is not made on the prescribed form, the unit owner is still entitled to receive the requested records.

Importance of transparency: The decision highlights the importance of transparency in providing records to unit owners. The principle of transparency, as outlined in the Condominium Act, should be upheld by condominium corporations to ensure that unit owners have access to relevant information regarding the corporation's governance, finances, and decision-making processes.

Penalty for refusal to provide records: The respondent, Toronto Standard Condominium Corporation No 2329, was ordered to pay a penalty of $3000 for refusing to provide the requested records without a reasonable excuse. The decision emphasizes that condominium corporations must comply with their obligation to provide requested records to unit owners unless there is a valid reason to deny access.

Recommendations: 

Ensure Compliance with Record Requests: Condominium corporations should ensure that they comply with record requests made by unit owners, even if the requests are not made on the prescribed form. It is important to respond to record requests in a timely manner, providing the requested information or documents as required by the Condominium Act.

Implement Transparent Record-Keeping Practices: To avoid penalties or disputes, condominium corporations should establish transparent record-keeping practices. This includes maintaining and organizing core records, such as by-laws, rules, and financial statements, as well as non-core records like budget statements and meeting minutes. Adhering to proper record-keeping practices can help improve transparency and facilitate easier access to information for unit owners.

Familiarize Yourself with Condominium Regulations: It is essential for both unit owners and condominium corporations to be well-versed in the regulations outlined in the Condominium Act. Familiarize yourself with the requirements regarding record requests, entitlement to records, and the obligations of the condominium corporation. This will help ensure compliance and a smooth process when it comes to accessing records and resolving any disputes that may arise.

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