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Bolanos v. Carleton Condominium Corporation No. 141 - 2023 ONCAT 202 - 2023-12-27

Corporation:

BCCC 141

Date:

Wed Dec 27 2023 00:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Decision
Access to Records
Entitlement to Records
Records Retention

Summary:

The case "Bolanos v. Carleton Condominium Corporation No. 141" involved a dispute between the applicant and the respondent, Carleton Condominium Corporation No. 141, regarding the provision of requested records. The applicant had requested the operating bank account statements from January 2017 and April 2017, which the respondent failed to provide. The respondent argued that they no longer had access to the bank statements due to a change in property management companies and banking provider. However, the tribunal found that the respondent had refused to provide the records without a reasonable excuse. No penalty was awarded, but the respondent was required to make inquiries with the bank about the missing documents and bear the applicant's cost of filing the application.

Verdict:

The tribunal ruled in favor of the applicant, finding that the respondent had refused to provide requested records without a reasonable excuse. The lesson learned is that condominium corporations should ensure proper record-keeping and timely provision of records to owners.

Takeaways:

Condominium corporations are obligated to keep financial records for a specified period.
Inadequate record management by past management providers may not be considered a reasonable excuse for not providing requested records.
Inconsistencies and failures in redacting sensitive information from provided records may be attributed to administrative errors.

Recommendations: 

Condominium corporations should establish robust record-keeping practices to ensure easy retrieval and provision of requested documents.
Periodically review record-keeping processes and update them as necessary to adapt to changes in property management or banking providers.
Improve quality control measures to avoid administrative errors in redacting sensitive information from provided records.

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