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King v. York Region Condominium Corporation No. 692 - 2022 ONCAT 80 - 2022-07-29
Corporation:
KYRCC 692
Date:
2022-07-29
Summary:
In the case of King v. York Region Condominium Corporation No. 692, 2022 ONCAT 80, A unit owner, requested the original draft minutes and audio recordings of annual general meetings (AGMs) from York Region Condominium Corporation No. 692 (YRCC 692). The applicant believed that these records would help clarify discrepancies in meeting minutes. However, the tribunal determined that the original draft minutes and audio recordings were not records of the condominium corporation, and therefore, the applicant was not entitled to them. The tribunal also found that the applicant's request did not align with the purposes of the Condominium Act, 1998. As a result, there was no refusal without reasonable excuse, and no penalty or costs were awarded.
Under:
CAT Decisions - Decision
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Verdict:
In the case of King v. York Region Condominium Corporation No. 692, the Applicant sought access to original draft minutes and audio recordings of certain annual general meetings (AGMs) of the condominium corporation. The Tribunal, however, ruled against the Applicant, finding that the original draft minutes were not considered records of the corporation and that the audio recordings were not necessary for legitimate purposes under the Condominium Act, 1998. As a result, the Applicant's request was denied, and no penalties or costs were awarded in his favor. This case underscores the importance of distinguishing between personal interests and legitimate purposes when requesting condominium records under the law.
Takeaways:
The case "King v. York Region Condominium Corporation No. 692" (2022 ONCAT 80) revolves around a dispute concerning the accuracy and integrity of annual general meeting (AGM) minutes and statements made by a former board president, Lawrence Chandler.
The Applicant sought access to the original draft minutes prepared by MinuteTakers Inc. and audio recordings of AGMs from 2020 and 2021, believing they would reveal unauthorized changes, deletions, or additions to the official minutes.
The Tribunal ruled that the original draft minutes are not considered records of the condominium corporation under the Condominium Act, 1998, and thus, the Applicant was not entitled to access them.
The audio recordings were also deemed inaccessible to the Applicant because his request was solely driven by his personal interest in the wording of the minutes, rather than a legitimate interest as an owner under the Act.
As the Applicant was unsuccessful in his claims, no costs were awarded in his favor, and the application was dismissed without costs.
Recommendations:
Promote Communication and Transparency: Encourage the condominium corporation (YRCC 692) to adopt and implement communication and transparency measures to address the concerns raised by the Applicant and other unit owners. Ensuring that owners are well-informed about the decisions made by the board can help reduce disputes over record accuracy. This could include regular updates, newsletters, and a clear process for addressing owner concerns about meeting minutes and other records.
Clear Records Management Procedures: The condominium corporation should establish and communicate clear procedures for managing records, including meeting minutes and audio recordings. This should outline how records are created, maintained, and made available to owners. Having well-documented processes can help ensure consistency and accountability in record-keeping.
Alternative Dispute Resolution: Encourage the parties involved to explore alternative dispute resolution mechanisms, such as mediation or arbitration, to address underlying governance and trust issues. The case highlights a broader governance dispute, which might be best resolved through a dedicated dispute resolution process rather than focusing solely on records requests. Engaging in mediation or arbitration could help the parties find common ground and potentially avoid future disputes of this nature.