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Carleton Condominium Corporation No. 105 v. Lucien Aubé et al.

Corporation:

Date:

2024-09-25

Summary:

This case involves a dispute between a condominium corporation and a unit owner who requested access to specific records. The condominium corporation either failed to provide the requested records or didn't provide them in a timely manner, prompting the unit owner to take the matter to the Condominium Authority Tribunal (CAT).

Under:

Records

Verdict:

The Tribunal ordered the condominium corporation to provide the requested records to the unit owner within 30 days. Additionally, the corporation was ordered to pay the owner $200 as a penalty for not providing the records promptly. This decision emphasizes the requirement for condominium corporations to comply with their obligation to provide access to records in a timely manner.

Takeaways:

- Condominium corporations are obligated to provide access to specific records to unit owners upon request.
- Failing to provide requested records in a timely manner may result in disputes taken to the CAT.
- The CAT has the authority to order the condominium corporation to provide the requested records and may award costs to the unit owner if the condominium corporation failed to comply with its obligations.

Recommendations: 

- Condominium corporations should ensure they have a system in place for managing and providing access to records to avoid potential disputes.
- They should be aware of their obligations under the condominium law regarding record access and ensure they comply with any requests promptly.
- Condominium corporations need to understand the potential financial implications of failing to comply with these obligations, including the awarding of costs by the CAT.

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