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Chai v. Toronto Standard Condominium Corporation No. 2431 - 2022 ONCAT 142 - 2022-12-08
Corporation:
CTSCC 2431
Date:
2022-12-08
Summary:
The case, Chai v Toronto Standard Condominium Corporation No 2431, was brought by Somkith Chai against the condominium corporation. The main issues in the case were the adequacy of records and access to records. The applicant claimed that he did not receive some requested records and that the records he did receive were inaccurate and inadequate. The Tribunal found that there were minor issues with the information certificates provided by the respondent and that correct audited financial statements were not provided. The record of notices of leased units also lacked required information. The respondent was ordered to review and update certain records, provide the applicant with updated copies, pay a penalty, and reimburse the applicant for his CAT fees.
Under:
CAT Decisions - Decision
Access to Records
Adequacy of Records
Fees, Costs, Penalties
Verdict:
Based on the information provided, the quick verdict/lesson from the case Chai v Toronto Standard Condominium Corporation No 2431 is that the condominium corporation was ordered to review and update certain records, provide the applicant with updated copies, pay a penalty, and reimburse the applicant for CAT fees for failing to provide accurate and adequate records upon request.
Takeaways:
Takeaways:
Condominium corporations have an obligation to provide accurate and adequate records to unit owners upon request.
Failure to provide correct audited financial statements and other required records may result in penalties.
The record of notices of leased units should include all necessary information as required by the Condominium Act 1998.
Excessive redaction or refusal to provide board meeting minutes without a reasonable excuse may lead to further orders from the Tribunal.
Unit owners have the right to seek recourse through the Condominium Authority Tribunal if they believe their access to records has been unjustly denied or impeded.
Recommendations:
Recommendations:
Condominium corporations should ensure they have proper systems in place to maintain accurate and up-to-date records.
It is important to promptly provide requested records to unit owners and ensure they are complete and accurate.
Condominium corporations should familiarize themselves with the requirements under the Condominium Act 1998 regarding access to records and ensure compliance to avoid penalties and disputes.