Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Choose your role:
Balasubramaniam v. Metropolitan Toronto Condominium Corporation No. 812 - 2023 ONCAT 152 - 2023-10-23
Corporation:
BMTCC 812
Date:
Mon Oct 23 2023 00:00:00 GMT+0000 (Coordinated Universal Time)
Summary:
In the case of Balasubramaniam v. Metropolitan Toronto Condominium Corporation No. 812 (2023 ONCAT 152), the Applicant alleged that the Condominium Corporation failed to respond to his request for records and refused, without reasonable excuse, to provide necessary documents. This is the second time the parties have been before the Tribunal for the same issue. The Respondent, Metropolitan Toronto Condominium Corporation No. 812, did not participate effectively in the hearing, and the condominium manager provided a closing submission. The Tribunal found that the Respondent breached its obligations under the Condominium Act, 1998, and ordered the corporation to provide the outstanding records, imposed a $5,000 penalty, and required reimbursement of legal costs and application filing fees.
Under:
CAT Decisions - Decision
Access to Records
Entitlement to Records
Fees, Costs, Penalties
Verdict:
In the case of Balasubramaniam v. Metropolitan Toronto Condominium Corporation No. 812, the Tribunal found that the condominium corporation failed to respond to the applicant's request for records and refused to provide certain documents without reasonable excuse. This was the second instance of non-compliance, leading to a maximum penalty of $5,000, reimbursement of legal costs and application filing fee, and mandatory director training for current board members within 30 days. The ruling emphasizes the importance of condominium corporations fulfilling their legal obligations regarding record requests and serves as a reminder of the serious consequences for non-compliance.
Takeaways:
Repeated Non-Compliance: The case involves a condominium corporation, Metropolitan Toronto Condominium Corporation No. 812 (MTCC 812), refusing to provide records to the unit owner for the second time without a reasonable excuse. This demonstrates a pattern of non-compliance with legal obligations.
Penalty Imposed: The Condominium Authority Tribunal (CAT) ordered a maximum penalty of $5,000 against MTCC 812 for its refusal to provide records, emphasizing the seriousness of legal responsibilities and the need for compliance with the Condominium Act.
Costs Awarded: The Respondent is required to reimburse the Applicant $200 for the application filing fee and $1,582 for legal costs. The CAT considers the Respondent's conduct and deems it appropriate to award costs to the successful party.
Training Mandate: The CAT orders that each current board member of MTCC 812 takes or retakes mandatory director training within 30 days, highlighting the importance of understanding legal obligations.
Expectation of Compliance: The decision underscores the expectation that condominium corporations and their directors should comprehend and adhere to the Condominium Act, emphasizing the need for responsive and reliable service.
Recommendations:
Compliance Training for Board Members:
Considering the repeated non-compliance of Metropolitan Toronto Condominium Corporation No. 812 (MTCC 812) with its obligations under the Condominium Act, 1998, it is recommended that all current board members undergo mandatory director training prescribed under section 29 (2) (e) of the Act within 30 days of the date of the decision. This training will help ensure that the board members have a clear understanding of their legal obligations and responsibilities under the Act. A certification or attestation of completion should be provided to the Applicant.
Improved Communication and Cooperation:
Encourage MTCC 812 to improve communication and cooperation with unit owners, especially when responding to requests for records. It is essential for condominium corporations to work collaboratively with unit owners to resolve disputes and fulfill their legal obligations promptly. The board should establish effective communication channels and processes to address requests for records in a timely manner, avoiding unnecessary legal proceedings.
Review and Enhancement of Record-Keeping Procedures:
MTCC 812 should review and enhance its record-keeping procedures to ensure compliance with the Condominium Act, 1998, and its regulations. The corporation should establish clear processes for responding to requests for records, including the use of the mandatory board response form within the specified time frames. Improvements in record-keeping practices will contribute to transparency and facilitate efficient communication between the corporation and unit owners.