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Koivisto v. Brant Vacant Land Condominium Corporation No. 84 - 2023 ONCAT 177 - 2023-11-23

Corporation:

KBVLCC 84

Date:

Thu Nov 23 2023 00:00:00 GMT+0000 (Coordinated Universal Time)

Under:

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

Summary:

According to the case of Koivisto v Brant Vacant Land Condominium Corporation No 84, the applicant filed an application with the Condominium Authority Tribunal (CAT) alleging that the condominium corporation did not respond to her request for records within 30 days and that the records provided were inadequate under subsection 55(1) of the Condominium Act 1998. The records sought were board meeting minutes and approved or declined requests for exterior changes. The respondent, Brant Vacant Land Condominium Corporation No 84, argued that it provided all the records to which the applicant was entitled and that its meeting minutes were adequate. The CAT found that the respondent had provided the applicant with all the requested records, determined that the redactions in the requests for exterior changes were appropriate, and concluded that the respondent had failed to keep adequate board meeting minutes. The CAT ordered the respondent to reimburse the applicant for her filing costs but did not impose a penalty.

Verdict:

The Tribunal found that Brant Vacant Land Condominium Corporation No 84 provided all the records requested by the Applicant, except for a missed set of meeting minutes. However, the Tribunal ruled that the provided records were not adequate, as the corporation failed to keep adequate board meeting minutes as required by the Condominium Act 1998. The lesson here is that condominium corporations must ensure they maintain proper and detailed board meeting minutes to meet legal requirements and provide sufficient information to unit owners.

Takeaways:

"Koivisto v Brant Vacant Land Condominium Corporation No 84":

The Applicant filed an application with the Tribunal alleging that Brant Vacant Land Condominium Corporation No 84 (BVLCC 84) did not respond to her request for records within 30 days and that the records provided were inadequate.

BVLCC 84 argued that it provided all the records to which Koivisto was entitled and that its meeting minutes were consistent with the requirements set out by the Condominium Authority of Ontario (CAO).

The Tribunal found that BVLCC 84 had provided the applicant with all the records she was entitled to and that the redaction of certain information in the records of exterior changes was appropriate.

However, the Tribunal ruled that BVLCC 84 had failed to keep adequate board meeting minutes as required under the Condominium Act 1998.

The Tribunal ordered BVLCC 84 to reimburse the applicant for the cost of filing the application, but no penalty was imposed.

Recommendations: 

Improve Record-Keeping Practices: The case highlights the importance of maintaining adequate board meeting minutes as required by the Condominium Act 1998. To avoid similar disputes in the future, it is recommended that Brant Vacant Land Condominium Corporation No 84 (BVLCC 84) improves its record-keeping practices by ensuring that minutes include sufficient detail to provide a clear understanding of decisions made, the basis for those decisions, and the methods used to arrive at them.

Timely Response to Records Requests: The case involved BVLCC 84's failure to respond within the required 30 days to the Applicant's request for records. To avoid potential penalties and disputes, it is recommended that BVLCC 84 establishes a systematic process to promptly respond to records requests and utilizes the mandatory board response form as stipulated in the Condominium Act 1998.

Clear Communication with Unit Owners: The case highlighted issues related to communication and documentation provided to the unit owner. To improve transparency and avoid misunderstandings, it is recommended that BVLCC 84 ensures clear and comprehensive communication with unit owners regarding the availability and delivery of requested records. This can include using standardized forms, providing explanations for any missing documents, and addressing any concerns raised promptly and efficiently.

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