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Kalinitchenko v. York Region Common Elements Condominium Corporation No. 1219 - 2021 ONCAT 40 - 2021-05-10

Corporation:

KYRCECC 1219

Date:

2021-05-10

Under:

CAT Decisions - Decision
Access to Records
Adequacy of Records

Summary:

In the case of Kalinitchenko v. York Region Common Elements Condominium Corporation No. 1219, the applicant sought access to various condominium corporation records. A preliminary issue arose regarding the board's authority to participate in the proceedings. It was found that the board did not have the authority to act due to improper by-law changes and a lack of a quorum. As a result, the hearing proceeded without the participation of the respondent. The applicant's request for certain records was granted, including by-laws, records of owners and mortgagees, and records of notices relating to leases. The respondent was required to provide these records within 30 days, and additional records were to be provided once the board was properly constituted or an administrator appointed, all at no cost to the applicant.

Verdict:

In the case of Kalinitchenko v. York Region Common Elements Condominium Corporation No. 1219, the tribunal ruled that the condominium's board of directors, which was found to lack a quorum, did not have the authority to participate in proceedings or retain representation. The case serves as a reminder of the importance of adhering to legal requirements when amending by-laws and conducting board business within the provisions of applicable laws. Furthermore, it underscores the significance of maintaining a quorum for condominium boards to transact any business effectively. In this case, the applicant's request for specific records was granted, and the condominium corporation was ordered to provide these records at no cost to the applicant.

Takeaways:

In the case of Kalinitchenko v. York Region Common Elements Condominium Corporation No. 1219, the applicant sought access to certain condominium corporation records, which is a straightforward request under the Condominium Act, 1998.

A preliminary issue arose concerning the board of directors' authority to participate in the proceedings. The applicant argued that the board lacked a quorum, which is required for it to transact any business, including retaining legal representation.

The hearing was adjourned to allow the respondent to respond to the board's status. It was found that the board's amendment to reduce its quorum was not correctly enacted, and the board subsequently lost its quorum, rendering it unable to take any actions, including retaining representation.

The applicant's request for specific records, including by-laws, records of owners and mortgagees, and records of notices related to leases, was granted. Additional records, such as the budget and financial statements, were to be provided when the board was properly constituted or an administrator was appointed.

All records were to be provided to the applicant at no cost.

This case underscores the importance of adhering to the legal requirements for amending by-laws and the need for a quorum for a condominium board to transact business.

Recommendations: 

Ensure Proper Board Quorum: Condominium corporations should take care to ensure that their board of directors maintains a quorum as required by the Condominium Act, 1998. Properly enacted by-law changes and adherence to the Act's provisions are essential to maintain the authority to conduct business on behalf of the corporation.

Timely Response to Record Requests: Condominium corporations should be diligent in responding to record requests from unit owners in accordance with the Condominium Act. Timely responses can help prevent disputes and maintain transparency within the corporation.

Clear Documentation of Budget Approval: To fulfill record requests related to budgets and financial statements, condominium corporations should maintain clear documentation of the proper approval process by the board. Having well-documented approvals can expedite record access requests and prevent disputes.

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