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Horvath v. Carleton Condominium Corporation No. 89 - 2021 ONCAT 57 - 2021-06-25

Corporation:

HCCC 89

Date:

2021-06-25

Under:

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

Summary:

In this case, a condominium unit owner, made several requests to Carleton Condominium Corporation No 89 for certain records which he argued were subject to the requirements of section 551 of the Condominium Act 1998. The records requested included electronic copies of five core records, the record of owners and mortgagees, and the record of notices relating to leases of units under section 83 of the Act. The applicant also requested some non-core records, including correspondences between the board members and the legal counsel related to bulk TV and internet services. The respondent argued that it had provided all core records in accordance with the Act. The tribunal found that the respondent has indeed provided the core records and was keeping records in compliance with s 551 of the Act, with the exception of the Periodic Information Certificate (PIC).

Verdict:

Quick verdict: The tribunal found that the respondent had provided all core records as required by the Condominium Act 1998, with the exception of the Periodic Information Certificate (PIC), and was maintaining adequate records in compliance with section 551 of the Act. The respondent was ordered to provide the missing PICs for the relevant period and charge only for labor in relation to the delivery of non-core records. The applicant was awarded costs of $200, but no penalty was assessed.

Lesson: The case highlights the importance of complying with record-keeping requirements under the Condominium Act 1998 and the Condominium Authority Tribunal rules, specifically when it comes to providing core records to unit owners upon request. It also demonstrates the need for transparency in charging for non-core records, providing reasonable excuses for refusing to provide certain records, and responding to requests in a timely and comprehensive manner.

Takeaways:

The applicant claimed that the respondent, Carleton Condominium Corporation No 89, was not maintaining adequate records in accordance with section 551 of the Condominium Act 1998.
The tribunal found that the respondent had provided all core records as required by the Act, with the exception of the Periodic Information Certificate (PIC). The respondent was ordered to provide the applicant with the missing PICs for the relevant period.
The tribunal determined that the respondent proposed unreasonable fees for non-core records and ordered them to charge only for labor in relation to the delivery of these records.
It was clarified that the applicant's request for correspondences between the board and legal counsel was narrowed down to a specific legal opinion, which the respondent was ordered to provide without charging any fee.
The tribunal awarded costs of $200 to the applicant but did not assess a penalty in this case.

Recommendations: 

Ensure Compliance with Record-Keeping Requirements: Condominium corporations should make sure they are maintaining adequate records in accordance with section 551 of the Condominium Act 1998. This includes providing core records to unit owners upon request and promptly addressing any inadvertent errors or omissions in providing those records.

Reasonable Fees for Non-Core Records: Condominium corporations should propose reasonable fees for the delivery of non-core records. This will help prevent disputes and misunderstandings regarding the costs associated with accessing additional records beyond the required core records.

Clear Communication and Clarification of Record Requests: It is important for both unit owners and condominium corporations to clearly communicate and clarify record requests. Unit owners should provide specific and detailed requests, while condominium corporations should seek clarification if necessary to ensure the accurate provision of the requested records and avoid unnecessary disputes.

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