Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Choose your role:
Harrison v. Toronto Standard Condominium Corporation No. 2714 - 2021 ONCAT 94 - 2021-10-14
Corporation:
HTSCC 2714
Date:
2021-10-14
Summary:
This case involves four requests for records made by an applicant, to Toronto Standard Condominium Corporation No 2714, the respondent. While the entitlement to the records was not disputed, this decision deals with the content of the records, whether they were adequate, and whether the respondent provided them. The decision concluded that the respondent had provided most of the records, but orders corrective measures to address records that were not properly delivered and imposes a $1,500 penalty. The case also considers whether the respondent failed to keep adequate records related to the April 6, 2021 budget meeting and the decision not to include the resident engagement and staff items sections of the minutes. The decision finds that some of the requested records were not properly provided, and orders them to be provided within five days of the release of the decision. Additionally, it awards a penalty because the respondent refused to provide records without a reasonable excuse.
Under:
CAT Decisions - Decision
Entitlement to Records
Fees, Costs, Penalties
Verdict:
The verdict is that the respondent, Toronto Standard Condominium Corporation No 2714, provided most of the requested records, but failed to deliver some records properly, resulting in corrective measures and a $1,500 penalty being imposed.
The lesson from this case is that condominium corporations have an obligation to adequately provide requested records to applicants and failure to do so may lead to penalties. Clear communication and proper record-keeping practices are essential to ensure compliance with the requirements under the Condominium Act.
Takeaways:
Records Requests: The case revolves around four records requests made by an applicant to the condominium corporation. While the entitlement to the records was not disputed, the decision focused on the adequacy of the provided records and whether they were properly delivered. The respondent was found to have provided most of the records requested.
Corrective Measures and Penalty: The decision orders corrective measures to address records that were not properly delivered by the respondent. Additionally, a penalty of $1,500 is imposed on the respondent for refusing to provide records without a reasonable excuse.
Failure to Maintain Adequate Records: The case also examines the respondent's failure to keep adequate records related to the April 6, 2021 budget meeting and the decision not to include certain sections of the minutes concerning resident engagement and staff items.
Recommendations:
Improve Record-Keeping Practices: The case highlights the importance of proper record-keeping practices in accordance with the Condominium Act. Condominium corporations should review their current practices to ensure that all required records are maintained and easily accessible. Additionally, it is important to have a clear understanding of the requirements for responding to records requests and to maintain open communication with all parties involved.
Ensure Adequate Delivery of Records: It is crucial for condominium corporations to ensure that all requested records are properly delivered to the applicant. This involves reviewing the format and content of the records to ensure their adequacy and ensuring that they are appropriately delivered within the required timeframes. Failure to do so may lead to penalties and other legal consequences.
Provide Adequate Training for Board Members and Staff: Board members and staff members should receive adequate training and education on the requirements of the Condominium Act related to record-keeping and records requests. This can help ensure that all necessary records are maintained and that they are properly delivered to applicants in a timely manner. It can also help prevent disputes and legal issues related to records requests and other aspects of the condominium corporation's operations.