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Bogue v. Carleton Condominium Corporation No. 288 - 2024 ONCAT 15 - 2024-01-26

Corporation:

BCCC 288

Date:

Fri Jan 26 2024 05:00:00 GMT+0000 (Coordinated Universal Time)

Under:

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

Summary:

In Bogue v. Carleton Condominium Corporation No. 288, The applicant sought access to audio/video recordings of virtual meetings. The respondent initially denied access, citing privacy concerns and technical issues leading to deletion. The tribunal found the recordings of the annual general meeting (AGM) to be corporate records, ordering their release. However, the recordings of board meetings were deemed irretrievable due to deletion, resulting in a penalty against the respondent. Bogue was awarded costs for successful access to the AGM recording.

Verdict:

Condominium corporations must prioritize the careful management of virtual meeting recordings to ensure compliance with access requests and avoid penalties.

Takeaways:

Condominium corporations must manage virtual meeting recordings with care and make them accessible to owners.
Deletion of recordings may lead to penalties if reasonable excuses are not provided.
Access to recordings can be subject to privacy concerns and technical challenges.
Costs may be awarded to successful applicants for access to records.
Technological advancements should facilitate easier access to condominium records.

Recommendations: 

Implement robust recording management systems to prevent inadvertent deletion and ensure accessibility.
Provide training to personnel responsible for managing condominium records to understand their obligations under the Condominium Act.
Regularly review and update policies and procedures regarding access to records, particularly in the context of technological advancements and virtual meetings.

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