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Joan MacDonald v Wentworth Condominium Corporation No.96 - 2020 ONCAT 14 - 2020-05-05

Corporation:

JMWCC 96

Date:

2020-05-05

Under:

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

Summary:

This case involves a dispute between a unit owner and Wentworth Condominium Corporation No.96 (WCC 96). The applicant requested certain records from WCC 96 under the Condominium Act, 1998. The requested records included minutes of meetings, correspondence related to the sale of the property, a new insurance policy, a technical audit, and invoices. WCC 96 provided some of the records, but not all. The applicant sought penalties and costs as a result of WCC 96's failure to provide the requested records. The decision determined that the applicant was not entitled to the remaining disputed records, including correspondence related to the sale and the technical audit. No penalty was imposed on WCC 96, but the applicant was awarded costs in the amount of $200.

Verdict:

The case involved a dispute regarding a records request under the Condominium Act, 1998 by a unit owner against Wentworth Condominium Corporation No.96 ("WCC 96"). The applicant sought five records, and two of them remained disputed between the parties. The decision emphasized the importance of transparency and timely response by the condominium corporation to the unit owner's requests, and clarified that not all records requested are necessarily entitled to the owner.


Takeaways:

This case is a dispute between the applicant, a unit owner, and Wentworth Condominium Corporation No.96 (WCC 96), regarding the records request under the Condominium Act, 1998.
A meeting was scheduled to occur on May 6, 2020, in which the owners of WCC 96 would vote on the sale of the property. This issue remains contentious between the parties, and an agreement of purchase and sale has been signed and is the subject of a vote at that meeting.
The applicant requested five records, including minutes of meetings, correspondence related to the sale of the property, a new insurance policy, a technical audit, and invoices. WCC 96 provided some of the records, but not all.
The applicant sought penalties and costs as a result of WCC 96's failure to provide the requested records, but she was not entitled to the remaining disputed records, including correspondence related to the sale and the technical audit. No penalty was imposed on WCC 96, but MacDonald was awarded costs in the amount of $200.
The decision highlights the importance and challenges of the records request process under the Condominium Act, and the need for transparency and timely response by the condominium corporation to the unit owners.

Recommendations: 

Improve Transparency: To address concerns raised by unit owners, it is recommended that Wentworth Condominium Corporation No.96 (WCC 96) enhance transparency regarding important decisions like the sale of the property. This could include providing regular updates and sharing relevant documentation to ensure that owners are well-informed and can make informed decisions.

Timely Response and Compliance: WCC 96 should strive to promptly and fully respond to records requests made by unit owners, as required under the Condominium Act, 1998. Adhering to the prescribed timelines and providing the requested records in a timely manner helps prevent unnecessary disputes and potential penalties.

Standardized Documentation and Reporting: To avoid confusion and potential conflicts, it is recommended that WCC 96 establish clear guidelines and standardized formats for documentation, such as minutes of meetings, correspondence, and technical audits. This will ensure consistency and accessibility of information for unit owners, making it easier for them to comprehend and evaluate important matters concerning the condominium.

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