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Choose your role:
Kent v. Carleton Condominium Corporation No. 268 - 2022 ONCAT 128 - 2022-11-21
Corporation:
KCCC 268
Date:
2022-11-21
Summary:
In the case of Kent v. Carleton Condominium Corporation No. 268, the issue was whether a video recording of an owner-requisitioned meeting is considered a "record" under the Condominium Act, 1998, and whether it must be provided to an owner upon request. The condominium corporation refused to provide the recording, stating that it was not a record that had to be kept and disclosed. The Tribunal determined that the recording was indeed a record but found that the corporation was not required to provide it to the owner because the owner's request extended beyond a legitimate interest in the content of the record, focusing on rewriting meeting minutes.
Under:
CAT Decisions - Decision
Access to Records
Entitlement to Records
Verdict:
Quick Verdict/Lesson: In the case of Kent v. Carleton Condominium Corporation No. 268, the tribunal determined that a video recording of an owners' meeting is considered a "record" under the Condominium Act, but the corporation is not required to provide it to an owner when the request extends beyond a legitimate interest in the record's content, such as attempting to rewrite meeting minutes. Corporations should be aware that the use of new technology, like online video meetings, may create new forms of records, and the expectation is that condominium records should be accessible to owners unless specific exceptions apply.
Takeaways:
Key Takeaways:
The case revolved around whether a video recording of an owner meeting is considered a record under the Condominium Act.
The recording was determined to be a record, but the owner's request to access it was denied because it aimed to rewrite meeting minutes.
Condominium corporations are expected to provide access to records unless they meet specific exceptions.
Corporations should be mindful that their records are expected to be open to owners.
The COVID-19 pandemic accelerated the transition to online meetings in condominiums, creating new forms of records.
Recommendations:
Recommendations:
Condominium corporations should carefully consider the creation and maintenance of records, especially in the context of online meetings, and be aware that these recordings may be subject to requests by owners.
Owners requesting access to records should ensure that their requests are primarily related to their interests as an owner, purchaser, or mortgagee, as per the Condominium Act.
When there are disputes regarding access to records, it's advisable to review previous tribunal decisions for guidance, but outcomes may depend on the specific circumstances of each case.