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Kovalenko v. York Condominium Corporation No. 272 et al.

Corporation:

​

Date:

2024-08-02

Summary:

In this case, a condo unit owner requested records related to his own and other units' fees from the condominium corporation. The corporation provided some of the documents but withheld others due to privacy concerns. The Condominium Authority Tribunal found that the owner was entitled to the records under the Condominium Act.

Under:

Records, Condo Fees, Privacy

Verdict:

The Tribunal found in favor of the unit owner, ordering the condo corporation to provide the requested records and pay $200 in costs. This decision highlights the importance of condo corporations complying with records requests, and that privacy concerns do not necessarily exempt them from this duty.

Takeaways:

- Condo corporations must comply with records requests from owners under the Condominium Act, unless there are legitimate privacy concerns.
- The CAT can order a condo corporation to provide records and pay costs if it does not comply with an owner's request.
- Privacy laws do not necessarily protect condo corporations from having to provide records related to condo fees.

Recommendations: 

- Condo boards and managers should be familiar with the requirements of the Condominium Act regarding records requests.
- They should have a thorough understanding of when privacy laws may permit them to withhold records.
- If in doubt, condo boards and managers should seek legal advice before refusing a records request.

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