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Bukuroshi v. Toronto Standard Condominium Corporation No. 1749 - 2022 ONCAT 134 - 2022-11-30

Corporation:

BTSCC 1749

Date:

2022-11-30

Under:

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

Summary:

In the case of Bukuroshi v. Toronto Standard Condominium Corporation No. 1749, the Applicant requested specific records related to plumbing leaks and renovation invoices for a unit below hers. The condominium corporation (TSCC No. 1749) did not provide the requested records and failed to use the mandatory form as required by the Condominium Act, 1998. The Respondent did not participate in the hearing and refused to provide records without a reasonable excuse. As a result, the Tribunal found the Applicant was entitled to the records, ordered the condominium corporation to produce them, imposed a penalty of $3,000, and awarded the Applicant $200 in filing fees. The Applicant's request for additional expenses related to payment of invoices was declined.

Verdict:

Quick Verdict/Lesson:
In the case of Bukuroshi v. Toronto Standard Condominium Corporation No. 1749, the Applicant sought records related to invoices for repairs to a unit below hers but faced a refusal by the condominium corporation to provide the records without a reasonable excuse. The Tribunal ruled in favor of the Applicant, ordering the condominium corporation to produce the requested records within 30 days, imposing a penalty of $3,000 on the corporation, and awarding the Applicant $200 in filing fees. This case underscores the importance of complying with statutory requirements when responding to records requests and highlights the consequences, including penalties, for unjustifiably refusing to provide records as mandated by the law.

Takeaways:

Takeaways:
Condominium corporations must comply with statutory requirements when responding to records requests under the Condominium Act.
Failure to provide requested records without a reasonable excuse can lead to penalties being imposed by the Tribunal.
Unit owners have the right to access records related to their units, and condominium corporations are obligated to provide these records.
Proper communication and cooperation between unit owners and condominium corporations are crucial to address disputes effectively.
The Tribunal can order penalties and awards for costs when condominium corporations refuse to provide records as required by law.

Recommendations: 

Recommendations:

Condominium corporations should promptly respond to records requests and use the mandatory forms required by relevant legislation, such as the Condominium Act, 1998.
Condominium corporations should maintain transparency and cooperation with unit owners to avoid unnecessary disputes and penalties.
Unit owners should be aware of their rights to access records related to their units and can seek legal recourse if their requests are unjustifiably denied.

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