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Anvari v. Carleton Condominium Corporation No. 95 - 2021 ONCAT 24 - 2021-03-30

Corporation:

ACCC 95

Date:

2021-03-30

Under:

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

Summary:

In the case of Anvari v. Carleton Condominium Corporation No. 95, the applicant requested access to two contracts held by the condominium corporation, namely the security contract and the management contract. The corporation refused to provide the records based on the applicant's history of complaints about their service providers. The tribunal determined that the applicant was entitled to the requested records, as the refusal was without reasonable excuse. As a result, the tribunal ordered the corporation to provide the records in electronic format, imposed a penalty of $2000 on the corporation for its unreasonable refusal, and awarded $200 in costs to the applicant. The penalty and costs were to be paid within 30 days.

Verdict:

In the case of Anvari v. Carleton Condominium Corporation No. 95, the condominium corporation unreasonably refused to provide requested records to the applicant based on past complaints. The tribunal found that this refusal lacked a reasonable excuse and imposed a penalty of $2000 on the corporation, emphasizing the importance of adhering to legal obligations regarding record access. Additionally, costs of $200 were awarded to the successful applicant, underscoring the significance of ensuring compliance with the Condominium Act to avoid penalties and costs.

Takeaways:

In the case of Anvari v. Carleton Condominium Corporation No. 95, the applicant sought access to two contracts held by the condominium corporation but was denied access based on his previous complaints about service providers.

The tribunal found that the refusal to provide the records was without reasonable excuse and ordered the condominium corporation to provide the requested records in electronic format at no cost to the applicant.

The tribunal imposed a penalty of $2000 on the condominium corporation for its unreasonable refusal, emphasizing the importance of deterring such behavior in the future.

The applicant was awarded $200 in costs to reimburse their Tribunal application fees, as they were fully successful in their case.

The decision highlights the significance of following legal obligations and providing access to records in accordance with the Condominium Act, as well as the consequences of unjustified refusals.

Recommendations: 

Condominium corporations and their representatives should carefully assess and adhere to their legal obligations regarding access to records by unit owners as outlined in the Condominium Act, 1998. Refusing access to records without a reasonable excuse can result in penalties and costs.

It is essential for condominium corporations to treat record access requests objectively, regardless of the requester's prior conduct or complaints. This case highlights that previous complaints should not serve as grounds for refusing record access, as established by the Condominium Authority Tribunal (CAT).

In cases where condominium corporations unreasonably refuse access to records, the CAT may impose significant penalties and award costs to the successful applicant. Therefore, it is in the best interest of condominium corporations to comply with record access requests promptly and in accordance with the law to avoid financial penalties and costs.

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