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Chai v. Toronto Standard Condominium Corporation No. 2431 - 2019 ONCAT 45 - 2019-11-08
Corporation:
CTSCC 2431
Date:
2019-11-08
Summary:
In the case of Chai v Toronto Standard Condominium Corporation No 2431, the applicant requested multiple records from the respondent that were not provided to him. The applicant alleged that the respondent failed to respond properly to his request and charged unreasonable fees for non-core records. The Condominium Authority Tribunal found that the respondent's failure to provide all requested records initially constituted a refusal without reasonable excuse. The tribunal ordered the respondent to pay a penalty of $200 and reimburse the fees for non-core records. However, it was determined that the fee charged for non-core records in another request was unreasonably low. The respondent was also ordered to pay the applicant's costs totaling $200.
Under:
CAT Decisions - Decision
Access to Records
Adequacy of Records
Fees, Costs, Penalties
Verdict:
The tribunal found that the respondent's failure to provide all requested records initially constituted a refusal without reasonable excuse. The respondent was ordered to pay a penalty, reimburse fees for non-core records, and provide specific records. It was also determined that the fee charged for non-core records in one request was reasonable, while the fee charged in another request was unreasonably low.
Lesson: Condominium corporations have a legal obligation to provide requested records to owners, and failure to do so without reasonable excuse can result in penalties. The fees charged for providing records should be reasonable, and reimbursement may be required if they are not.
Takeaways:
Failure to provide all requested records constitutes a refusal without reasonable excuse: In this case, the tribunal found that the respondent's failure to provide all requested records initially constituted a refusal without reasonable excuse. The tribunal ordered the respondent to pay a penalty of $200 and reimburse the fees for non-core records.
Fee charged for non-core records must be reasonable: The respondent was found to have charged an unreasonably low fee for non-core records in one of the applicant's requests. The tribunal ordered the respondent to pay the applicant's costs totaling $200.
The Condominium Authority Tribunal has jurisdiction over access to records disputes: The tribunal's jurisdiction is limited to the sections of the Condominium Act 1998 and Ontario Regulation 4801 which relate to the requirements for corporations to keep adequate records and permit an owner to examine or obtain copies of those records. The tribunal found that the respondent failed to comply with the requirements of the Act and O Reg 4801 and subsequently assessed a penalty.
Recommendations:
Improve responsiveness and transparency in providing requested records: The respondent should aim to promptly and fully respond to records requests made by owners. This will help to avoid disputes and potential penalties. Clear communication regarding the status of the request and any associated fees should be provided.
Review and ensure the reasonableness of fees charged for non-core records: It is important for the respondent to carefully assess the fees charged for providing non-core records. These fees should be reasonable and justified. Conducting periodic reviews of the fee structure can help to ensure compliance and avoid potential conflicts.
Enhance record-keeping practices: The respondent should review and evaluate its record-keeping practices to ensure compliance with Section 551 of the Condominium Act 1998. This includes maintaining adequate records and making them available for examination or copy by owners. Implementing efficient and organized record-keeping processes will facilitate timely and accurate responses to records requests.