top of page
White Columns
< Back

Kim v. York Condominium Corporation No. 96 - 2021 ONCAT 124 - 2021-12-21

Corporation:

KYCC 96

Date:

2021-12-21

Under:

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

Summary:

the case of Kim v York Condominium Corporation No. 96 before the Condominium Authority of Ontario dealt with the adequacy of records for a condominium corporation. The Applicant alleged that he did not receive all requested records and that some records were inadequate or fraudulent. Additionally, the Applicant claimed that the corporation had not maintained adequate records as required by the Condominium Act 1998. The Respondent admitted to not responding to record requests in a perfect manner but countered that all requested records in their possession had been provided, including some additional documents from third parties. The tribunal determined that the Respondent did not maintain adequate records and directed the Respondent to provide a copy of the contract relating to the water meter train project to the Applicant.

Verdict:

The Condominium Authority of Ontario ordered York Condominium Corporation No. 96 to provide a copy of the contract relating to the water meter train project to the applicant, in a case that dealt with records requests and the adequacy of records maintained by the corporation. The tribunal stressed the requirement of keeping proper documentation, providing complete responses to records requests, and maintaining adequate records as required by the Condominium Act 1998. The case highlights the importance of transparent record-keeping and documentation, especially in construction projects within condominium corporations.

Takeaways:

Records request handling: The respondent, York Condominium Corporation No. 96, admitted to not responding to record requests in a perfect manner and failing to meet the time frames set out in the Condominium Act 1998. However, they maintained that all requested records in their possession were provided, including additional documents obtained from third parties.

Adequacy of records: The applicant alleged that the corporation did not maintain adequate records as required by section 551 of the Condominium Act. The tribunal resolved some remaining issues regarding records in earlier stages of the process but found that the respondent had not provided all the records requested by the applicant. The applicant claimed that some received records were inadequate or fraudulent.

Water meter project: The applicant requested documents related to a water meter project, claiming that he did not receive all the requested drawings and contracts regarding the project. The respondent asserted that all the requested documents in their possession were provided and obtained relevant documents from third parties. The tribunal directed the respondent to provide a copy of the contract related to the water meter project to the applicant if it was available, highlighting the importance of maintaining proper documentation.

Recommendations: 

Improve records management and response to requests: York Condominium Corporation No. 96 should establish a more efficient and organized system for managing records and responding to records requests from owners. This includes adhering to the time frames set out in the Condominium Act 1998 and using the proper Response to Request form. There should be a clear process in place to ensure that all requested records, including those obtained from third parties, are provided in a timely and complete manner.

Enhance documentation in construction projects: The case highlights the importance of maintaining proper documentation, especially in construction projects within condominium corporations. To ensure transparency and accuracy, the corporation should implement procedures for documenting and retaining all relevant records, including contracts, drawings, and any modifications made during the project. This includes having clear protocols for obtaining and sharing documents with owners.

Training and awareness on conflict of interest: The case mentioned an allegation of a board member failing to disclose a conflict of interest. To prevent such issues, the corporation should provide training and guidance to board members on their responsibilities, including the ethical duty to disclose any potential conflicts of interest. This training should emphasize the importance of maintaining transparency and acting in the best interests of the condominium corporation and its owners.

bottom of page