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Browne v Peel Condominium Corporation No. 94 - 2019 ONCAT 1 - 2019-02-01

Corporation:

BPCC 94

Date:

2019-02-01

Under:

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

Summary:

In the case of Browne v Peel Condominium Corporation No. 94, the issue revolved around a records request under section 55 of the Condominium Act, 1998. The applicant requested records from the condominium corporation related to a mold inspection and accessibility initiatives. The corporation rejected the request, stating it was using the incorrect form. The Condominium Authority Tribunal (CAT) determined that the applicant was entitled to the requested records, as the rejection was improper and the records fell within the corporation's obligation to keep adequate records. The CAT ordered the corporation to produce the requested records, including the condominium declaration, financial statement, meeting minutes, mold inspection report, and tile removal records. Additionally, the CAT awarded the applicant costs of $200 for filing the application due to the corporation's non-compliance and lack of participation in the proceedings.

Verdict:

The Browne v Peel Condominium Corporation No. 94 case is a victory for condominium owners' right to access records under Section 55 and 553 of the Condominium Act, 1998. The tribunal ordered the corporation to provide the applicant with the requested records, including a mold inspection report and tile removal information, and awarded her $200 for filing costs due to the corporation's lack of participation. The verdict highlights the importance of proper record-keeping by condominium corporations and the rights of unit owners to obtain relevant information.


Takeaways:

Access to Records: The case revolved around a records request made by the applicant under section 55 of the Condominium Act, 1998. The Condominium Authority Tribunal (CAT) found that the applicant was entitled to the requested records as the rejection of her request by the condominium corporation was improper.

Entitlement to Specific Records: the applicant requested records related to a mold inspection and the accessibility initiatives of the condominium corporation. The CAT ordered the corporation to produce various records, including the condominium declaration, financial statement, meeting minutes, mold inspection report, and tile removal records.

Costs Awarded: The CAT also awarded the applicant costs of $200 for filing the application due to the corporation's non-compliance and lack of participation in the proceedings. The tribunal found that the corporation had no reasonable excuse for denying the records request and that their actions had unnecessarily delayed the proceedings.

Recommendations: 

Improve Communication and Responsiveness: It is essential for the condominium corporation, in this case, Peel Condominium Corporation No. 94 (PCC94), to improve their communication with unit owners. In particular, they should respond promptly to inquiries and requests for information, especially those related to accessibility initiatives and records. Timely and clear communication can help prevent unnecessary disputes and keep owners informed.

Ensure Compliance with Record-Keeping Obligations: Condominium corporations, like PCC94, should ensure proper record-keeping practices as required by the Condominium Act, 1998. This includes maintaining financial records, meeting minutes, and other relevant documents. By adhering to these obligations, they can fulfill their duty to provide owners with requested records and avoid potential legal issues.

Educate and Train Board Members: It may be beneficial for board members of condominium corporations to receive training on their roles, responsibilities, and legal obligations. This would help ensure that they understand the Condominium Act, including provisions related to record access and the rights of unit owners. Proper education and training can empower board members to make informed decisions and handle requests more effectively.

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