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Choose your role:
Carleton Condominium Corporation No. 476 v. Smalldridge
Corporation:
Date:
2025-05-08
Summary:
In the case of Metcalfe & Mansfield Condominium Corporation No. 939 v. Doble, the Condominium Authority Tribunal (CAT) of Ontario dealt with a dispute over the condominium corporation's refusal to provide certain records requested by a unit owner. The corporation argued that the requests were frivolous and vexatious, and that the owner should be charged a fee.
Under:
Record Requests, Fees
Verdict:
The Tribunal ruled in favour of the unit owner, allowing the record requests to proceed without a fee. It was determined that the condominium corporation could not provide sufficient evidence to prove that the requests were frivolous or vexatious. This decision reiterates the importance of transparency in condominium management and the right of unit owners to access records.
Takeaways:
- The Condominium Authority Tribunal (CAT) reinforces the right of unit owners to access condominium records.
- The Tribunal can decide if a fee is reasonable and if it should be charged for the copies of the records.
- The Tribunal can rule a record request as frivolous or vexatious and deny the request.
Recommendations:
- Condominium boards or managers should maintain transparency and facilitate the provision of requested records to unit owners.
- Before labeling a request as frivolous or vexatious, boards should ensure they have substantial evidence to support their claim.
- Condominium corporations should consider the reasonableness of any fees charged for providing records, keeping in mind that the tribunal can rule on this matter.