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David Acheson v Peel Condominium Corporation No. 260 - 2018 ONCAT 19 - 2018-11-08

Corporation:

DAPCC 260

Date:

2018-11-08

Under:

CAT Decisions - Decision
Access to Records

Summary:

In the case of David Acheson v Peel Condominium Corporation No. 260 (2018 ONCAT 19), a consent order was reached between the Applicant and the Respondent, Peel Condominium Corporation No. 260. The order, facilitated by CAT Member, resolved the dispute without a hearing. The terms include provisions related to the provision of records, distribution of audited financial statements, compliance with legislation regarding Periodic Information Certificates (PIC), and reimbursement of costs. The order emphasizes specific timelines for responses and distributions, and it stipulates that compliance can be enforced through the Ontario Superior Court of Justice.

Verdict:

In the case of David Acheson v Peel Condominium Corporation No. 260, the parties reached a Consent Order mediated by Michael Clifton, resolving the dispute without a hearing. The order outlines specific terms related to access to records, including the provision of Shared Facility Committee Minutes and audited Shared Facility financial statements. The lesson from this case emphasizes the effectiveness of alternative dispute resolution mechanisms, such as consent orders, in efficiently resolving condominium-related disputes.

Takeaways:

Consent Resolution: The Condominium Authority Tribunal (CAT) facilitated a consent order between the applicant and Peel Condominium Corporation No. 260, resolving the case without the need for a formal hearing. This demonstrates the flexibility of the tribunal's online system in facilitating efficient dispute resolution.

Record Access Terms: The order outlines specific terms related to access to records, including the provision of Shared Facility Committee Minutes and audited Shared Facility financial statements. The agreement specifies timelines and procedures for responding to record requests, ensuring clarity and compliance.

Periodic Information Certificates (PIC): The respondent is mandated to issue future Periodic Information Certificates in accordance with applicable legislation, emphasizing compliance with legal requirements for providing essential information to owners.

Cost Reimbursement: The order includes a provision for the reimbursement of $75 to the applicant by the respondent, Peel Condominium Corporation No. 260, upon proof of costs paid, reinforcing accountability for incurred expenses.

Recommendations: 

Enhance Transparency in Records Access Procedures:
It is recommended that condominium corporations, including Peel Condominium Corporation No. 260, review and potentially enhance their procedures for providing access to records. This may involve implementing clear guidelines and communication protocols to ensure that unit owners, like the applicant, are promptly informed of any fees associated with obtaining requested records and that such records are provided within the specified timelines.

Streamline Periodic Information Certificate (PIC) Issuance:
Condominium corporations should consider streamlining the issuance process of Periodic Information Certificates (PIC) to ensure compliance with applicable legislation. This includes setting clear deadlines for the issuance of PICs, as demonstrated in this case with a deadline of November 29, 2018. Efficient and timely distribution of PICs contributes to transparency and helps meet statutory requirements.

Establish Communication Protocols with Property Managers:
Condominium corporations are encouraged to establish clear communication protocols with their property managers, as demonstrated in this consent order. Providing property managers with copies of orders and instructing them to comply with the terms can help ensure consistent adherence to the agreed-upon terms. This practice promotes effective communication between the condominium corporation, unit owners, and property managers, contributing to the smooth implementation of consent orders.

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