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Choose your role:
Akash v. York Condominium Corporation No. 78 - 2023 ONCAT 63 - 2023-05-02
Corporation:
AYCC 78
Date:
2023-05-02
Summary:
In the case of Akash v York Condominium Corporation No. 78, the applicant requested access to specific records from the respondent. The dispute revolved around the applicant's concerns related to the spending of condominium monies, changes in property management, benefits received by certain board members, records maintenance, and the overall quality of the respondent's board and governance. The applicant, representing himself, argued for access to the requested records, while the respondent, represented by counsel, acknowledged deficiencies in record maintenance. The tribunal determined that the applicant was entitled to the requested records, allowed redactions in accordance with the Condominium Act, and authorized the respondent to charge a fee for examining and producing the outstanding records. Additionally, the respondent was ordered to pay the applicant $200 in costs.
Under:
CAT Decisions - Decision
Entitlement to Records
Fees, Costs, Penalties
Verdict:
In the case of Akash v York Condominium Corporation No 78, the tribunal determined that the applicant was entitled to the requested records, but the respondent was allowed to redact certain records in accordance with the Condominium Act 1998. The tribunal did not impose any penalties, but ordered the respondent to pay $200 in costs to the applicant. This case highlights the importance of timely and accurate record disclosure in accordance with legal requirements, as well as the potential for cost consequences in disputes related to access to records within a condominium corporation.
Takeaways:
here are three takeaways from the case of Akash v York Condominium Corporation No 78:
Access to Records: The tribunal found that the applicant was entitled to the records requested in his Request to the Respondent form. However, the Respondent was entitled to redact some records in accordance with the Condominium Act 1998 and charge a fee for examination and production of the outstanding records.
Penalty and Costs: The tribunal did not impose a penalty on the Respondent for its delay in responding to the request or clerical errors on the part of the Applicant. However, the Respondent was ordered to pay $200 in costs to the Applicant.
Proper Filing: The case serves as a reminder for proper preparation and filing of records request forms. The Respondent could have easily contacted the Applicant to correct the form and avoid unnecessary delay and tension between the parties.
Recommendations:
Improve record management practices: It is evident from the case that YCC 78 had issues with the maintenance, accuracy, and accessibility of their records. It is recommended that YCC 78 implement better record management practices to ensure that records are properly maintained, digitized, and easily accessible when requested. This can include regular audits of records, implementing digital filing systems, and providing adequate training to staff and board members on record-keeping best practices.
Enhance communication and transparency in responding to records requests: The case highlights a lack of clear and timely communication between the parties regarding the processing of the records request. It is recommended that YCC 78 establish clear channels of communication for receiving and responding to records requests, including acknowledging receipt of the request and providing updates on the progress and expected timelines for providing the requested records. This can help improve transparency, reduce misunderstandings, and enhance the overall experience for owners making records requests.
Educate owners on the process of accessing condominium records: This case involved a self-represented owner who was unfamiliar with the process of accessing condominium records and navigating the filing of a case with the Tribunal. It is important for condominium corporations to provide resources and educational materials to owners, explaining the process of making records requests, the rights and responsibilities of the parties involved, and the available dispute resolution mechanisms. This can help owners navigate the process more effectively and minimize conflicts and disputes.