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Geissler v. Toronto Standard Condominium Corporation No. 2045 - 2021 ONCAT 9 - 2021-02-01

Corporation:

GTSCC 2045

Date:

2021-02-01

Under:

CAT Decisions - Dismissal Order
Entitlement to Records

Summary:

The case Geissler v Toronto Standard Condominium Corporation No. 2045 involved a dispute between a unit owner and the condominium corporation. The unit owner applied to the Condominium Authority Tribunal (CAT) seeking an order for the corporation to provide her with certain records. However, during the course of the hearing, five preliminary motions were brought. The CAT made decisions on these motions, including denying the motion to determine if the representative of the corporation was authorized, denying the motion to have the matter heard by a panel of three, granting the motion to dismiss the unit owner's application on the grounds that she was no longer entitled to the requested records, denying the motion to keep certain documents and parts of the transcript confidential, and not making a decision on the motion to have additional requests for records addressed in the hearing.

Verdict:

the quick verdict is that the Condominium Authority Tribunal denied the unit owner's request for certain records from the Toronto Standard Condominium Corporation No. 2045 (TSCC2045), on the grounds that she was no longer entitled to them after selling her unit. The tribunal also denied several preliminary motions, including one to determine if the TSCC2045 representative was authorized, and another to have the matter heard by a panel of three. One of the issues brought up in the case was the timing of the Annual General Meeting (AGM) as it related to the board members' terms. The decision serves as a reminder that the timing of AGMs and board member appointments and terms are governed by specific statutory provisions under the Condominium Act, and that the authority of representatives appearing before the CAT can be confirmed by the Tribunal.

Takeaways:

The case involved a unit owner, seeking certain records from the Toronto Standard Condominium Corporation No. 2045 (TSCC2045).
The Condominium Authority Tribunal (CAT) made several decisions on preliminary motions, including denying the motion to determine if the representative of TSCC2045 was authorized, denying the motion to have the matter heard by a panel of three, and granting the motion to dismiss Geissler's application on the grounds that she was no longer entitled to the requested records.
The CAT also denied the motion to keep certain documents and parts of the hearing confidential and did not make a decision on the motion to address additional requests for records in the hearing.
The case raised questions about the authorization of the TSCC2045 representative and the timing of the annual general meeting (AGM) as it related to the board members' terms.
The CAT concluded that there was no evidence to disqualify the TSCC2045 representative and that the delay of the AGM did not automatically disqualify appointed board members, ultimately denying the unit owner's motions.

Recommendations: 

Review and clarify board member qualifications and terms: The case highlights the importance of clearly understanding the qualifications and terms of office for board members in a condominium corporation. It is recommended that condominium corporations review their governing documents and comply with the statutory provisions to ensure that board members are properly appointed and have the authority to act on behalf of the corporation.

Ensure timely Annual General Meetings: The timing of Annual General Meetings (AGMs) is crucial in maintaining the validity of board members' appointments. Condominium corporations should make a proactive effort to schedule and hold AGMs within the prescribed timeline to avoid any potential issues regarding the expiration of board members' terms.

Establish robust record-keeping and access procedures: The case emphasizes the importance of proper record-keeping and tenants' access to records. Condominium corporations should have clear procedures in place for maintaining and providing access to records, ensuring compliance with the requirements under the Condominium Act. This includes understanding the circumstances under which an owner is entitled to access records and maintaining confidentiality where required.

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