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Bogue v. Carleton Condominium Corporation No. 228 - 2021 ONCAT 67 - 2021-07-16

Corporation:

BCCC 228

Date:

2021-07-16

Under:

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

Summary:

In Bogue v Carleton Condominium Corporation No 228, the applicant requested records from the respondent related to group emails, authorizations for access to email addresses, and notices sent to owners. The respondent, represented by Peter Lessard, stated that certain information was personal and could not be shared. The applicant clarified her request, seeking copies of group messages sent to owners who had signed the Agreement to Receive Notices Electronically. The dispute revolved around the respondent's communication policies and compliance with the Condominium Act 1998. The Condominium Authority Tribunal found that the applicant had been provided with the requested records and that a penalty was not warranted. However, the respondent was ordered to pay the applicant $200 in costs.

Verdict:

In the case of Bogue v Carleton Condominium Corporation No 228, the applicant requested records related to communication policies and compliance with the Condominium Act, 1998. The tribunal found that the applicant was provided the requested records and no penalty was warranted, although the respondent was ordered to pay the applicant $200 in costs. The case highlights the importance of compliance with the records access provisions of condominium law, and owners should be aware of their rights under the Condominium Act, 1998 when filing requests for records to access relevant and necessary information.

Takeaways:

The case involved a dispute over records related to the Respondent's communication policies and compliance with the Condominium Act 1998. The Applicant sought group emails, authorizations for email access, and notices sent to owners.

The Condominium Authority Tribunal found that the Applicant received the requested records and ordered the Respondent to pay the Applicant $200 in costs. However, no penalty was warranted under section 144.16 of the Condominium Act, 1998.

The Applicant's primary concern was how the board and condo manager applied the Respondent's communication policies and whether their policies complied with the provisions of the Condominium Act, 1998. The tribunal noted that adherence to the policy was not its authority to determine.

The decision highlights the importance of complying with the records access provisions of condominium law. It is also a reminder of the responsibility of condominium corporations to maintain open communication channels with all owners.

Owners should be aware of their rights under the Condominium Act, 1998 and file an accurate and clear request for records with the corporation to access relevant and necessary information.

Recommendations: 

Improve Transparency: The condominium corporation should strive to improve the transparency of its communication policies. This can be achieved by clearly outlining the procedures for sharing information with owners and ensuring that owners are aware of their rights and options when it comes to accessing records.

Maintain Accurate Records: It is important for the condominium corporation to maintain accurate and up-to-date records of communication with owners. This includes keeping track of group emails and authorizations granted to third parties for access to owner information. This will help ensure that owners can access the information they are entitled to and prevent disputes regarding record requests.

Review Compliance with the Condominium Act: The condominium corporation should review its communication policies and procedures to ensure they are in compliance with the provisions of the Condominium Act, 1998. This will help avoid potential conflicts and ensure that owners' rights are protected.

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