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Boodram v. Peel Standard Condominium Corporation No. 843 - 2020 ONCAT 47 - 2020-12-22
Corporation:
BPSCC 843
Date:
2020-12-22
Summary:
The case of Boodram v Peel Standard Condominium Corporation No 843 involves a dispute related to access to records requested by the applicant under the Condominium Act 1998. The applicant requested several core and non-core records, including meeting minutes and by-laws documents related to disputes over visitor parking spaces. The respondent refused to provide some of the records requested, stating that they did not exist or were not relevant. The tribunal ordered the respondent to provide the requested minutes from May 2019 to May 2020, waive the fee for the records and pay a penalty of $250 to the applicant, as well as reimburse the applicant's costs of $200.
Under:
CAT Decisions - Decision
Access to Records
Adequacy of Records
Fees, Costs, Penalties
Verdict:
The tribunal ordered Peel Standard Condominium Corporation No 843 to provide the requested board meeting minutes, waive the fee for the records, and pay a penalty to the applicant for failing to provide the records in a timely manner. The case emphasizes the importance of proper record-keeping and timely access to records by owners under the Condominium Act 1998. It also highlights the need for clear communication and adherence to rules by the condominium corporation to avoid acrimonious disputes.
Takeaways:
Proper record-keeping is important: The case highlights the importance of proper record-keeping under the Condominium Act 1998, and timely access to records by owners who request them.
Board meeting minutes should be provided: The tribunal ordered Peel Standard Condominium Corporation No 843 to provide the requested board meeting minutes from May 2019 to May 2020, which the respondent previously refused to provide.
Penalty for failing to provide records: The tribunal ordered Peel Standard Condominium Corporation No 843 to reimburse the applicant's costs of $200, waive the fee for the requested records, and pay a penalty of $250 to the applicant for failing to provide the requested records in a timely manner.
Limits to the tribunal's jurisdiction: The tribunal did not have jurisdiction over certain disputes arising from governing documents, as it related to a records dispute. Issues related to Respondent's enforcement of its rules were outside of the tribunal's jurisdiction.
Acrimonious relationship: The case reflects an increasingly acrimonious relationship between the parties over Respondent's enforcement of rules about visitor parking, which spilled over into the hearing and submissions.
Recommendations:
Enhance record-keeping procedures: Condominium corporations, such as Peel Standard Condominium Corporation No 843, should establish comprehensive record-keeping procedures to ensure the availability of essential records. This includes maintaining board meeting minutes, by-laws, rules, and records related to owners and leases, as required by the Condominium Act 1998.
Timely provision of requested records: Condominium corporations should promptly respond to and provide requested records to owners who require access to them. Failure to do so may result in penalties and reimbursement of costs, as indicated in this case.
Seek legal advice when jurisdictional issues arise: If there are disputes or jurisdictional issues that may go beyond a records dispute, it is advisable for both parties involved (such as the condominium corporation and the owner) to seek legal advice to clarify the jurisdiction of the Tribunal and ensure that appropriate disputes are addressed through the proper channels.
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