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Jasper Developments Corp. v. York Condominium Corporation No. 82 - 2022 ONCAT 4 - 2022-01-07

Corporation:

JDCYCC 82

Date:

2022-01-07

Summary:

The case, Jasper Developments Corp v York Condominium Corporation No 82, revolves around the Respondent's alleged failure to respond to a request for records in a timely and appropriate manner. The Applicant claims that the Respondent did not provide all the requested records and did not maintain adequate records as required by the Condominium Act. The Tribunal found that the Respondent refused to provide records without a reasonable excuse and ordered them to provide the minutes of board meetings and pay a penalty of $2500, along with costs of $200. The Respondent's president defended their actions, citing missing records due to a management firm transition. The Applicant argued that the budget provided by the Respondent was inadequate as it did not accurately reflect the financial position of the condominium corporation. The Tribunal agreed with the Applicant and found the budget to be inadequate.

Under:

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

Verdict:

Verdict: The Respondent, York Condominium Corporation No. 82, failed to respond to the Applicant's request for records in a timely and appropriate manner and did not provide all the requested records, resulting in penalties and costs being awarded against them.

Lesson: This case emphasizes the importance of condominium corporations promptly and adequately responding to requests for records in accordance with the Condominium Act. Failure to do so can lead to penalties and costs being imposed, highlighting the significance of maintaining accurate and comprehensive records for transparency and compliance within condominium corporations.

Takeaways:

Failure to provide requested records: The Respondent, York Condominium Corporation No. 82, allegedly did not respond to the Applicant's request for records in a timely and appropriate manner. The Applicant claimed that the Respondent did not provide all the requested records and did not maintain adequate records as required by the Condominium Act.

Penalties and costs ordered: The Tribunal ruled in favor of the Applicant, finding that the Respondent refused to provide records without a reasonable excuse. As a result, the Respondent was ordered to provide the requested minutes of board meetings and also pay a penalty of $2,500. Additionally, the Tribunal awarded costs of $200 to the Applicant.

Inadequate budget: The Applicant argued that the budget provided by the Respondent was inadequate as it failed to accurately reflect the financial position of the condominium corporation. The Tribunal agreed with the Applicant's claim and found the budget to be insufficient.

Recommendations: 

Improve record-keeping practices: In order to comply with the Condominium Act and avoid penalties, it is recommended that York Condominium Corporation No. 82 implements proper record-keeping practices. This includes maintaining comprehensive records of board meetings, financial statements, auditor's reports, and other relevant documents as required by the Act.

Timely response to record requests: It is crucial for condominium corporations to respond to record requests in a timely manner. To avoid disputes and potential penalties, York Condominium Corporation No. 82 should ensure that it promptly responds to requests for records and provides all the requested documents within the prescribed timelines.

Review and update budgets: Based on the case, the budget provided by the Respondent was deemed inadequate. It is recommended that York Condominium Corporation No. 82 reviews and updates its budgeting process to accurately reflect the financial position of the corporation. This includes ensuring that the budget is prepared based on accurate and complete financial records, taking into consideration factors such as expenses, revenue, and contributions to the reserve fund.

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