Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Choose your role:
Cho v. Toronto Standard Condominium Corporation No. 1644 - 2020 ONCAT 42 - 2020-11-24
Corporation:
CTSCC 1644
Date:
2020-11-24
Summary:
In the case of Cho v Toronto Standard Condominium Corporation No 1644, the applicant, a unit owner in a shopping center condominium corporation, submitted a request for records in September 2019. The request included 14 records, out of which seven were not provided by the corporation. The applicant filed an application with the Condominium Authority Tribunal (CAT), and the issues to be decided were entitlement to records, redaction of meeting minutes, fee for producing certain contracts, and the possibility of imposing penalties. The tribunal determined that the applicant was entitled to receive the Record of Notices of Leases but not the list of the units exempted from By-law No 5 or the list of units issued a lien notice. The tribunal also ruled that the corporation was not required to provide a list of units owned by each of the corporation's directors. Lastly, the tribunal ordered the corporation to produce the requested records and imposed a penalty.
Under:
CAT Decisions - Decision
Access to Records
Entitlement to Records
Fees, Costs, Penalties
Verdict:
The case of Cho v Toronto Standard Condominium Corporation No 1644 highlights the importance of maintaining core records as required by the Condominium Act 1998, such as the Record of Notices of Leases. It also demonstrates that there may not be an entitlement to certain records, such as a list of units exempted from a by-law or a list of units owned by each of the corporation's directors. Furthermore, the case emphasizes the potential for penalties to be imposed against corporations that unreasonably withhold or fail to provide access to records. Overall, the case serves as a reminder to condominium corporations and owners to understand their rights and obligations with respect to accessing and providing records as stipulated by the Condominium Act 1998.
Takeaways:
Record of Notices of Leases is a core record and a condominium corporation is required to maintain it under Section 83 of the Condominium Act 1998. Owners are entitled to access to this record.
Section 55(4)(c) of the Condominium Act 1998 does not require condominium corporations to retain a list of units exempted from by-laws or a list of the units owned by each of the corporation's directors. As such, owners are not entitled to demand these documents.
When it comes to determining whether or not a penalty is warranted against a corporation, according to section 144(1)(6) of the Act, the tribunal will look at whether or not the corporation unreasonably withheld access to records or unreasonably failed to provide a record. In this case, the tribunal imposed a penalty against Toronto Standard Condominium Corporation No 1644 for failing to provide certain records requested by the applicant.
Recommendations:
Ensure Timely and Effective Communication: Condominium corporations should establish clear communication protocols to promptly acknowledge and respond to records requests, as required by relevant regulations. This includes having designated personnel responsible for handling such requests and ensuring that they are aware of their responsibilities.
Compliance Training for Condominium Personnel: It is essential to provide training and ongoing education to personnel, especially condominium managers, regarding their legal obligations under condominium and property management laws. This will help prevent situations where records requests are ignored due to a lack of understanding or awareness.
Documentation and Record Keeping: Condominium corporations should maintain meticulous records of all communications and interactions related to records requests and legal proceedings. This documentation can serve as evidence of compliance and due diligence, which can be crucial in case of disputes or legal actions.