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Harder v. Metropolitan Toronto Condominium Corporation No. 905 - 2022 ONCAT 58 - 2022-06-01
Corporation:
HMTCC 905
Date:
2022-06-01
Summary:
In the case of Harder v Metropolitan Toronto Condominium Corporation No 905, the applicant requested access to records related to the condominium corporation's annual general meeting (AGM) election. The respondent, Metropolitan Toronto Condominium Corporation No 905, provided some of the requested records and estimated fees for the remaining records. The applicant disputed the need to pay fees and the reasonableness of the estimate. The Condominium Authority Tribunal (CAT) ruled that the respondent was permitted to charge a fee for access to proxies. They found the hourly labor rate of $30 charged by the respondent to be reasonable but adjusted the rate to be lower if the actual rate was less. The printing and copying costs were also adjusted. The CAT ordered the reimbursement of the applicant's CAT application fee but did not award further costs or a penalty.
Under:
CAT Decisions - Decision
Access to Records
Entitlement to Records
Fees, Costs, Penalties
Verdict:
In the case of Durham Condominium Corporation No. 80 v. Occleston (2022 ONCAT 59), the parties reached a consent order to address the issue of smoking odors in a condominium. The Respondent agreed not to allow smoking in her unit, on her exclusive-use balcony, or in the common elements, thereby resolving the substantive issues through mediation. However, the matter of costs, and whether the Respondent violated the Condominium Act, may still be adjudicated in Stage 3, highlighting the importance of addressing both substantive disputes and financial considerations in condominium disputes.
Takeaways:
Access to Proxies: The case involved a dispute over fees for accessing proxies related to a residential condominium's annual general meeting (AGM) election. The applicant argued that proxies should be considered core records and accessed without any charge, while the respondent argued that proxies are non-core records and require redaction, leading to associated costs.
Reasonability of Fees: The Condominium Authority Tribunal (CAT) determined that the respondent was entitled to charge a fee for access to proxies, ruling in favor of the respondent. However, the CAT also concluded that adjustments were necessary in the fee estimate. The respondent's hourly labor rate of $30 was deemed reasonable, but the printing and copying costs were adjusted to $0.012 per page.
Reimbursement and Penalties: The CAT ordered the reimbursement of the applicant's CAT application fee but did not award further costs or penalties. This indicates that no additional penalties or costs were deemed necessary in the case.
Recommendations:
Review the Condominium Act 1998 and Ontario Regulation 4801 to ensure that fees for access to records are being charged in compliance with the regulations and that the fees charged are reasonable. It may be beneficial to have legal counsel review any estimates of fees to ensure they are accurate and reasonable.
Develop clear guidelines and procedures for how records requests are processed in order to avoid disputes with unit owners. This could include a standardized form for requests, timelines for delivery of records, and protocols for charging fees.
Consider alternative ways to make records accessible to unit owners, such as online portals or other digital platforms, in order to reduce the amount of fees charged and to expedite the process of accessing records. This may also improve transparency and accessibility for unit owners.