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Bolanos v. Carleton Condominium Corporation No. 14 - 2021 ONCAT 52 - 2021-06-16

Corporation:

BCCC 14

Date:

2021-06-16

Summary:

The case "Bolanos v Carleton Condominium Corporation No 14" involves a dispute over access to records and the fees charged by the respondent. The applicant requested various non-core records from the respondent, such as contracts and invoices, for a specific time period. The respondent agreed to provide the records but set fees based on hourly rates and page counts. The applicant argued that the fees were unreasonable and filed an application with the Condominium Authority Tribunal.

In the decision, the Tribunal ordered the respondent to provide certain records at no cost and reimburse the applicant for their tribunal fees. The Tribunal found that the fees charged by the respondent were unreasonable as they did not consider the work involved in compiling the records. The hourly rate for providing the records was set at $32, considering the lack of specialized knowledge required.

Under:

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

Verdict:

In the case "Bolanos v Carleton Condominium Corporation No 14," the respondent charged unreasonable fees to provide non-core records requested by the applicant. The Condominium Authority Tribunal ordered the respondent to provide certain records at no cost within 30 days and reimburse the applicant for their tribunal fees. The decision highlights the importance of setting reasonable fees for access to records and complying with record requests in accordance with the Condominium Act.

Takeaways:

Unreasonable Fees: The respondent set fees for providing non-core records requested by the applicant, but the tribunal found these fees to be unreasonable. The fees were not adequately justified or based on the actual work involved in compiling the records. The hourly rate for the work involved in providing the records was set at $32, which was considered a more reasonable amount.

Access to Records: The applicant requested various non-core records, such as contracts, invoices, and reports, for a specific time period. It was acknowledged that the applicant was entitled to these records, and the tribunal ordered the respondent to provide them at no cost within 30 days.

Reimbursement of Fees: The tribunal also ordered the respondent to reimburse the applicant for their tribunal fees, totaling $200, within 30 days.

Recommendations: 

Establish Transparent and Reasonable Fee Structures: Condominium corporations should establish clear and transparent fee structures for providing access to non-core records. These fees should be reasonable and justified based on the actual work involved in compiling and providing the records. Consideration should be given to the time, effort, and resources required.

Ensure Compliance with Access to Records Requests: Condominium corporations should prioritize compliance with access to records requests in accordance with the Condominium Act. It is important for corporations to understand their obligations and promptly provide the requested records within the specified time frame. Any disputes or issues related to access should be resolved in a fair and timely manner.

Provide Detailed and Justified Cost Breakdown: When charging fees for providing records, condominium corporations should provide a detailed and justified breakdown of the costs associated with each record. This breakdown should clearly outline the basis for the fees, such as the hours of labor or number of pages involved. This will help ensure transparency and allow applicants to assess the reasonableness of the fees.

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