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Boodram v. Peel Standard Condominium Corporation No. 843 - 2022 ONCAT 126 - 2022-11-17

Corporation:

BPSCC 843

Date:

2022-11-18

Summary:

In the case of Boodram v. Peel Standard Condominium Corporation No. 843, the applicant, Kavita Boodram, sought access to condominium records from the respondent, Peel Standard Condominium Corporation No. 843 (PSCC 843). While PSCC 843 eventually provided the requested records, they were not provided in a timely manner and lacked certain required details. The applicant claimed that this constituted a refusal to provide records without a reasonable excuse and requested a penalty of $5,000.

The tribunal ruled that a penalty was not warranted, but ordered the current board members of PSCC 843 to complete mandatory director training courses provided by the Condominium Authority of Ontario (CAO). Additionally, the tribunal found that the record of owners and mortgagees and the record of notices of leases provided to the applicant were inadequate and ordered their compliance with the Condominium Act.

Under:

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

Verdict:

In this case, the Condominium Authority Tribunal (CAT) addressed several issues related to a records request made by a condominium unit owner. The CAT found that while the condominium corporation did not refuse to provide the records without a reasonable excuse, it did fall short of the requirements in terms of timeliness and completeness of the records. The CAT did not award a penalty but ordered the current board members to undergo mandatory director training to improve their understanding of their obligations under the Condominium Act. The CAT also ordered the condominium corporation to provide the requested records in compliance with the Act.

Takeaways:

Key Takeaways:

The tribunal did not award a penalty in this case, but emphasized the need for condominium corporations to comply with the Condominium Act and its regulations.
The tribunal ordered the current board members of PSCC 843 to complete mandatory director training courses to improve their understanding of their obligations under the Act.
Inadequate records were addressed, and the tribunal ordered compliance with the Condominium Act in providing records of owners and mortgagees and notices of leases.
The importance of reasonableness and cooperation between owners and condominium boards was highlighted in the context of their ongoing relationship.
The applicant was awarded $200 in costs for filing the application with the tribunal.

Recommendations: 

Recommendations:

Condominium corporations should ensure they respond to records requests in a timely manner and on the prescribed form.
Adequate records, including a record of owners and mortgagees and a record of notices of leases, should be maintained and provided to owners in accordance with the Condominium Act.
Condominium boards and managers should be knowledgeable about their obligations under the Act and consider mandatory training to stay updated on their responsibilities.
Timely and complete responses to records requests are essential for maintaining a good relationship between condominium corporations and unit owners.
Cooperation and reasonableness should be exercised in the relationship between owners and boards.

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