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Faria v. Waterloo Standard Condominium Corporation No. 568 - 2023 ONCAT 33 - 2023-03-01

Corporation:

FWSCC 568

Date:

2023-03-01

Under:

CAT Decisions - Dismissal Order
Entitlement to Records

Summary:

In the case of Faria v. Waterloo Standard Condominium Corporation No. 568, the applicant filed an application with the Condominium Authority Tribunal (CAT) requesting access to condominium records. However, the respondent requested to dismiss the case as the applicant had sold their unit, and therefore, no longer had standing to bring the case or access the records. The CAT determined that under the Condominium Act, only owners, purchasers, or mortgagees are entitled to examine or obtain copies of condominium records. As the applicant was no longer an owner, they did not have standing to continue the case or access the records. The CAT ordered the dismissal of the case, closing it in Stage 1-Negotiation, and stated that any documents shared during this stage are private and confidential.

Verdict:

This case emphasizes the importance of maintaining ownership status when pursuing disputes with a condominium corporation, particularly those related to accessing records. Once an applicant sells their unit, they may lose their standing and the entitlement to proceed with their case.

Takeaways:

Loss of Standing: This case involved an applicant who sold their condominium unit while a dispute with the condominium corporation was ongoing. The case was dismissed because the applicant lost their standing to continue the case due to the sale of their unit.

Entitlement to Condominium Records: The Condominium Act, 1998, grants the right to access condominium records to owners, purchasers, mortgagees, or their duly authorized agents. However, this entitlement is tied to ownership, and it ceases when ownership of the unit is transferred to another party.

Timing of Requests: Applicants should be aware that their entitlement to request and access condominium records is contingent on their status as unit owners. It's essential to initiate requests and legal actions while still holding ownership to maintain their standing.

Case Dismissal: When applicants are no longer entitled to access records due to the sale of their unit, the CAT can dismiss the case if it determines that it no longer has the legal power to hear or decide upon the dispute.

Recommendations: 

Recommendations:

Timely Action: Unit owners seeking condominium records should act promptly to request records and initiate legal proceedings to ensure they maintain their standing.

Transfer of Entitlement: Be aware that the entitlement to access records is not transferable; it ends when unit ownership is transferred to another party.

Effective Negotiation: Engage in negotiation with condominium corporations in good faith, ensuring that any agreed-upon records are provided in a timely manner to avoid potential issues with standing.

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