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Kowalchuk v. Metropolitan Toronto Condominium Corporation No. 983 - 2023 ONCAT 84 - 2023-06-21

Corporation:

KMTCC 983

Date:

2023-06-21

Under:

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

Summary:

The case involves requests for records made by the applicant to the respondent, Metropolitan Toronto Condominium Corporation No 983 (MTCC 983). The applicant alleges that MTCC 983 repeatedly failed to respond to her requests, provided inadequate records, and imposed unreasonable fees. The applicant seeks various remedies, including the provision of outstanding records, penalties, and reimbursement of tribunal fees. Despite the respondent not participating in the process, the tribunal orders MTCC 983 to provide some records, finds some records to be adequate, deems certain requests as abandoned, imposes penalties, and orders mandatory director training for the board members.

Verdict:

the quick verdict from the case "Kowalchuk v. Metropolitan Toronto Condominium Corporation No 983" is that the Condominium Authority Tribunal (CAT) ordered the respondent to provide some of the requested records, found some of the provided records to be adequate, and deemed some record requests abandoned due to the applicant's late application. The lesson from this case is the importance of proper record management and timely submission of requests to avoid potential abandonment and ensure compliance with the Condominium Act and its regulations.

Takeaways:

here are three takeaways from the case "Kowalchuk v. Metropolitan Toronto Condominium Corporation No 983":

The applicant alleged that the condominium corporation repeatedly failed to respond to her record requests, delayed providing some records, provided inadequate records, and refused to provide other records without a reasonable excuse. The Tribunal ultimately ordered the condominium corporation to provide some of the requested records and found that some of the records provided were adequate.

The Tribunal deemed some of the record requests abandoned due to the applicant's late application, as per the regulations. This serves as a reminder to submit requests in a timely manner to avoid potential abandonment.

The respondent, Metropolitan Toronto Condominium Corporation No 983, did not participate in the later stages of the Tribunal process despite prior communication. As a result, the Tribunal had to make decisions based solely on the evidence provided by the applicant, highlighting the importance of active participation and cooperation during Tribunal proceedings.

Recommendations: 

Improve the process for responding to record requests. It appears that MTCC 983 has repeatedly failed to respond to record requests or has unnecessarily delayed providing some records. To address this issue, the organization may need to develop clearer processes for responding to record requests in a timely and comprehensive manner. Additionally, MTCC 983 should ensure that its staff is informed about these processes and is adequately trained to perform their record-keeping responsibilities.

Evaluate the reasonableness of fees for providing non-core records. The applicant asserts that some fees proposed for providing records are unreasonable and not affordable, with no guarantee that records will be adequate. MTCC 983 needs to evaluate and communicate to their members the reasonable fees that are associated with requesting records so that members do not feel taken advantage of when these fees are too high.

Establish mandatory training programs for board members. In this particular case, the Tribunal has ordered that current board members in MTCC 983 take or retake the mandatory director training prescribed under s. 29(2)(e) of the Condominium Act 1998. MTCC 983 should ensure that all board members are adequately trained on their responsibilities and accountabilities, not just in record-keeping but on running the affairs of the condominium in general. The training should include understanding the governing documents of MTCC 983, applicable laws, and ethical principles.

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