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Buddell v. Peel Condominium Corporation No. 395 - 2021 ONCAT 66 - 2021-07-16

Corporation:

BPCC 395

Date:

2021-07-16

Under:

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

Summary:

The applicant filed an application to the Condominium Authority Tribunal against Peel Condominium Corporation No 395 for failing to provide him with requested records in a timely manner and for keeping inadequate records. The tribunal member found that the respondent refused to provide the records without a reasonable excuse and ordered them to provide the records to the applicant at no cost. The respondent was also ordered to pay the applicant a penalty of $500 and $200 in costs. Spencer also found that respondents are keeping adequate records with respect to their financial statements.

Verdict:

the quick verdict is that the Respondent, Peel Condominium Corporation No 395, was found to have unreasonably refused to provide requested records to the Applicant. The tribunal ordered the Respondent to provide the outstanding records at no cost, pay a penalty of $500, and cover $200 in costs. This case highlights the importance of timely and complete record access in accordance with the Condominium Act 1998, and the potential consequences for condominium corporations that fail to comply with such requests.

Takeaways:

Access to Records Dispute: The case revolves around a dispute between an owner of a unit in Peel Condominium Corporation No 395, and the condominium corporation regarding his request for records. The applicant alleges that the corporation failed to respond to his request for records in a timely manner and did not provide some of the requested records.

Order and Penalties: The Condominium Authority Tribunal, represented by member, found that the corporation refused to provide the requested records without a reasonable excuse. As a result, the tribunal ordered the corporation to provide the outstanding records to Buddell at no cost. Additionally, the corporation was ordered to pay a penalty of $500 and $200 in costs.

Adequacy of Records: The tribunal determined that the corporation is keeping adequate records concerning its financial statements. However, the tribunal could not make a finding regarding the adequacy of the records related to the mathematical calculation used to determine common expenses.

Recommendations: 

Improve Record Management and Response Time: The case highlights the importance of timely and complete record access for condominium owners. It is recommended that Peel Condominium Corporation No 395 implement effective record management systems and processes to ensure that requests for records are responded to promptly and in compliance with the Condominium Act 1998.

Enhance Communication and Notification: To avoid situations where a condominium corporation claims it did not receive a request for records, it is advisable to establish clear communication channels and notification procedures. This may include acknowledging receipt of record requests in writing and implementing a system to track and document all records-related communication between the corporation and unit owners.

Regular Review of Calculation Methods: Given the dispute over the mathematical calculation used to determine common expenses, it is recommended that the condominium corporation periodically reviews and updates its calculation methods to ensure accuracy and transparency. Engaging with a professional accountant or seeking legal advice on best practices for determining common expenses can help avoid potential disputes and improve overall financial management.

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