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Hamid-Rajroop v. Metropolitan Toronto Condominium Corporation No. 728 - 2022 ONCAT 77 - 2022-07-15

Corporation:

HRMTCC 728

Date:

2022-07-15

Under:

CAT Decisions - Decision
Access to Records
Adequacy of Records
Fees, Costs, Penalties
Records Retention

Summary:

The case of Hamid-Rajroop v Metropolitan Toronto Condominium Corporation No. 728 was decided by the Condominium Authority Tribunal (CAT). In March 2021, the applicant requested records including the notices of leases, proxies, ballots, and attendance lists from MTCC 728. Although MTCC 728 provided some records, it refused to provide the notice of leases and required a fee of $453 to give access to other records. The applicant argued that MTCC 728 has failed to keep adequate records under s. 83 of the Condominium Act, 1998 and asked the CAT to impose a penalty or award costs of $200 to cover her Tribunal filing fees. The CAT found that MTCC 728 had failed to keep adequate records and ordered it to pay a penalty of $750, and cost of $200 for Tribunal fees. It also ordered MTCC 728 to provide some records for a total fee of $182.40.

Verdict:

the quick verdict/lesson from the case Hamid-Rajroop v Metropolitan Toronto Condominium Corporation No. 728 is that the Condominium Authority Tribunal found that MTCC 728 failed to keep adequate records under the Condominium Act, 1998, and could not provide the records requested by the unit owner. The CAT ordered MTCC 728 to provide some records for a fee, imposed a penalty, and ordered the corporation to pay the unit owner's Tribunal fees. This case underscores the importance of proper record-keeping by condominium corporations and the obligation to provide requested records to unit owners in accordance with the Condominium Act. It also serves as a precedent for future cases involving access to condominium records and the enforcement of penalties for non-compliance

Takeaways:

The Condominium Authority Tribunal (CAT) found that Metropolitan Toronto Condominium Corporation No. 728 had failed to keep adequate records under section 83 of the Condominium Act, 1998, and could not provide the records that the unit owner was entitled to.
The CAT ordered MTCC 728 to provide some records for a total fee of $182.40, and also imposed a penalty of $750 and ordered MTCC 728 to pay a cost of $200 for Tribunal fees.
The case highlights the importance of adequate record-keeping by condominium corporations under the Condominium Act, 1998, and the obligation of unit owners to provide the necessary information about leased units to their corporation in accordance with section 83 of the Act.
The decision can serve as a precedent for future cases involving access to condominium records and impose penalties on corporations that do not comply with the Condominium Act.
The case also shows that the CAT can hold condominium corporations accountable for their failure to keep adequate records and ensure that unit owners can access the records they are entitled to under the law.

Recommendations: 

Condominium corporations should prioritize proper record-keeping in compliance with the Condominium Act, 1998, in order to avoid penalties and disputes with unit owners requesting access to records.

When unit owners make a request for records, condominium corporations should make every effort to provide the requested records in a timely manner and at a reasonable cost, in accordance with the Condominium Act, 1998.

Disputes between condominium corporations and unit owners over access to records or other issues should be addressed in a professional and prompt manner, following the guidelines set out in the Condominium Act, 1998 and the Condominium Authority Tribunal Rules and Guides. This includes making an effort to avoid acrimonious or adversarial relationships between the parties, and working towards a fair and reasonable resolution.

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