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Harder v. Metropolitan Toronto Condominium Corporation No. 905 - 2022 ONCAT 18 - 2022-03-11

Corporation:

HMTCC 905

Date:

2022-03-11

Under:

CAT Decisions - Decision
Access to Records
Entitlement to Records
Fees, Costs, Penalties

Summary:

The case of Harder v Metropolitan Toronto Condominium Corporation No 905 involved a unit owner who submitted two requests for access to records from the condominium corporation (MTCC 905). The requests included financial statements, minutes of board meetings, and monthly financial records. The Condominium Authority Tribunal (CAT) had to determine whether Harder was entitled to access the requested records and if the condominium corporation had fulfilled its obligations in providing them. The CAT ruled that Harder was indeed entitled to the records and that some required a fee for production. The condominium corporation had provided the applicant with the requested records, but it did not use the prescribed form to respond initially. The CAT decided not to award costs or a penalty in this case.

Verdict:

The tribunal ruled that the applicant was entitled to access the requested records from the condominium corporation. However, the condominium corporation did not use the prescribed form to respond initially, which was deemed a technical violation. No costs or penalty were awarded in this case. This highlights the importance of complying with regulations and using the correct form when responding to records requests in a condominium setting.

Takeaways:

Entitlement to Records: The case highlights the importance of understanding the rights of unit owners to access condominium corporation records. The tribunal ruled that the applicant, Lucas Harder, was entitled to access the requested records, both core and non-core, under the Condominium Act 1998.

Compliance with Regulations: The tribunal emphasized the importance of condominium corporations complying with the prescribed government forms and regulations when responding to records requests. In this case, the condominium corporation failed to use the prescribed form initially, leading to a technical violation. However, the tribunal did not award a penalty in this instance.

Fee for Production: The tribunal recognized that some of the requested records may require a fee for production, and the applicant should be aware of this when making records requests. It is essential for both unit owners and condominium corporations to understand and agree upon any associated fees for accessing non-core records.

Recommendations: 

Ensure Compliance with Regulations: In order to avoid any technical violations and potential consequences, it is important for condominium corporations to use the prescribed government forms when responding to records requests. This will help maintain transparency and efficiency in the process.

Provide Clear Documentation: To promote transparency and provide clear information to unit owners, condominium corporations should consider providing a comprehensive index or list of documents requested by unit owners. This index should outline the description of the records, whether they are core or non-core, and whether the unit owner is allowed to examine or obtain a copy of the record. This will help facilitate the records access process and avoid misunderstandings.

Establish Fee Structure for Non-Core Records: It is crucial for both condominium corporations and unit owners to be aware of any fees associated with accessing non-core records. Condominium corporations should establish a clear fee structure and communicate it to unit owners in advance. This will help avoid any disputes or confusion regarding costs related to accessing non-core records.

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