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Aquilina v. Middlesex Standard Condominium Corporation No. 823 - 2021 ONCAT 71 - 2021-07-28
Corporation:
AMSCC 823
Date:
2021-07-28
Summary:
The dispute in Aquilina v. Middlesex Standard Condominium Corporation No. 823 revolved around the Applicant's request for the record of owners and mortgagees, which the Respondent refused to provide, alleging that the request wasn't solely related to her interest as an owner due to her history of litigation and animosity. The Tribunal found that the Applicant was entitled to the record as her request was related to her interests as an owner. However, a penalty was not warranted, despite the refusal. The Tribunal ordered the Respondent to pay the Applicant $200 in costs.
Under:
CAT Decisions - Decision
Access to Records
Fees, Costs, Penalties
Verdict:
In the case of Aquilina v. Middlesex Standard Condominium Corporation No. 823, the Tribunal ruled in favor of the Applicant granting her access to the record of owners and mortgagees, which was initially denied by the condominium corporation. The Tribunal did not award a penalty to the Applicant, despite the refusal to provide the records, citing the complex and acrimonious nature of the condominium community. The Respondent was ordered to pay the Applicant $200 in costs for her legal expenses incurred during the dispute. This case highlights the importance of upholding an owner's right to access condominium records, even in the presence of contentious community relationships, while also considering the circumstances before imposing penalties.
Takeaways:
Acrimonious Condominium Dispute: The case of Aquilina v. Middlesex Standard Condominium Corporation No. 823 highlights a situation where intense animosity and ill-will among members of a condominium community led to a records dispute.
Records Access Right: Condominium owners generally have the right to access various records, with few limitations. One of these limits is that a records request must be "solely related to that person’s interests as an owner" with regard to the Condominium Act.
Balancing Owner's Rights: The tribunal considered whether the Applicant's request for records was solely related to her interests as an owner. The Respondent claimed that the Applicant's history of litigation and animosity disentitled her. However, the tribunal found that her request was indeed related to her interests as an owner and ordered the records to be provided.
Penalty Not Warranted: Despite the refusal, the tribunal did not award a penalty. While the Respondent's response was deemed incorrect, the escalating conflict in the community and the contentious relationship between the Applicant and the board were significant factors.
Costs Awarded: The tribunal awarded the Applicant $200 in costs, considering that she pursued her case and ultimately obtained the requested records through the tribunal process.
Recommendations:
Promote Mediation and Conflict Resolution: Given the high level of animosity and ill will within the condominium community, it is recommended that the condominium corporation and the owners consider utilizing mediation services or conflict resolution mechanisms to address underlying disputes and foster a healthier community environment. Resolving conflicts through open communication and dialogue may help prevent future records disputes and improve community relationships.
Clarify the Criteria for Record Requests: To avoid similar disputes in the future, the condominium corporation should review and clarify the criteria for refusing record requests. Providing clear guidelines and examples of situations where a request might be disentitled could help both owners and the board understand their rights and obligations under the Condominium Act.
Educate Owners and Board Members: Educate owners and board members about their rights and responsibilities under the Condominium Act. Enhancing awareness of these rights and obligations can lead to a better understanding of the balance between owners' access to records and the corporation's duties. This education can be done through information sessions, workshops, or written materials.