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Abou El Naaj v. Peel Standard Condominium Corporation No. 935 - 2021 ONCAT 4 - 2021-01-15

Corporation:

AENPSCC 935

Date:

2021-01-15

Under:

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

Summary:

The case of Abou El Naaj v Peel Standard Condominium Corporation No. 935 involved a dispute over requests for records made by the applicant and the respondent's compliance with the requests. The applicant claimed that the respondent failed to respond adequately, delayed providing some records, refused to provide others, and charged unreasonable fees for some records. The Tribunal found that the respondent violated the Condominium Act by refusing to provide certain records to the applicant, assessed a penalty of $1500, ordered the respondent to provide the outstanding records to the applicant at no cost, and awarded the applicant $440 in costs.

Verdict:

In the case of Abou El Naaj v Peel Standard Condominium Corporation No. 935, the Condominium Authority Tribunal found that the respondent violated the Condominium Act by failing to respond adequately and provide certain records to the applicant, assessed a penalty of $1500, ordered the respondent to provide the outstanding records at no cost, and awarded the applicant costs. The case highlights the importance of prompt and adequate responses to records requests by condominium corporations and the consequences they may face for failing to comply with the Condominium Act.

Takeaways:

Condominium corporations must comply with requests for records from unit owners and cannot refuse to provide them without a reasonable excuse.
If a condominium corporation violates the Condominium Act by refusing to provide certain records to an owner, they may face penalties assessed by the Tribunal. In this case, a penalty of $1500 was assessed against the respondent.
The Tribunal may order a condominium corporation to provide outstanding records to an owner at no cost if they failed to provide them in a timely or adequate manner. In this case, the respondent was ordered to provide outstanding records to the applicant at no cost.

Recommendations: 

Improve Compliance with Records Requests: Condominium corporations should ensure that they comply with requests for records from unit owners promptly and in the prescribed manner, as per the requirements of the Condominium Act. This includes providing the requested records and completing the Board Response to Request for Records forms accurately and in a timely manner.

Review Fee Estimations: Condominium corporations should review their fee estimations for providing requested records to ensure they are reasonable and in accordance with the Condominium Act. This will help avoid allegations of unreasonable fees and potential penalties. It may be beneficial for condominium corporations to establish clear guidelines and criteria for determining fees associated with providing requested records.

Seek Legal Representation and Participation: It is important for respondents in tribunal hearings to seek legal representation or ensure their presence in the proceedings. Non-participation can have negative consequences, including penalties and adverse decisions. Condominium corporations should take the necessary steps to ensure they are represented and actively participate in the hearings to present their arguments and evidence effectively.

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