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Lafortune v. Carleton Condominium Corporation No. 37 - 2023 ONCAT 168 - 2023-11-08

Corporation:

LCCC 37

Date:

Wed Nov 08 2023 05:00:00 GMT+0000 (Coordinated Universal Time)

Under:

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

Summary:

The case of Lafortune v Carleton Condominium Corporation No 37 involves a dispute between the applicant and the condominium corporation regarding the adequacy of records and the redaction of directors' names in board meeting minutes. Lafortune requested a copy of the corporation's rules and claimed that the records provided were not adequate, accurate, current, or complete. She also argued that the redaction of directors' names in the meeting minutes was inappropriate. The Condominium Authority Tribunal found that the corporation had provided the requested records but failed to keep adequate records of its rules. However, the tribunal dismissed the applicant's application without imposing penalties or costs. The issue of redacting directors' names in meeting minutes had been resolved, and the tribunal had no jurisdiction over the governance of the corporation.

Verdict:

The quick verdict from the case "Lafortune v Carleton Condominium Corporation No. 37" is that the application made by Susan Lafortune is dismissed without costs. The takeaway from this case is that while the respondent provided the requested rules and resolved the issue of redacted names in meeting minutes, the tribunal found that the corporation failed to keep adequate records of its rules, as required by the Condominium Act 1998. Therefore, it is important for condominium corporations to ensure that they maintain accurate and complete records in compliance with the law.

Takeaways:

Inadequate Records: The applicant requested a copy of Carleton Condominium Corporation No. 37 (CCC37)'s rules but received records that she deemed inadequate, inaccurate, and incomplete. It was found that CCC37 failed to keep adequate records of its rules as required by the Condominium Act 1998.

Redaction of Directors' Names: The applicant raised an issue regarding CCC37 redacting directors' names in board meeting minutes. Initially, CCC37 redacted the names, but it was later resolved, and they provided unredacted copies of the meeting minutes. The corporation explained that the redaction practice was implemented for security reasons following a tragic incident.

Dismissal of Application: The Tribunal dismissed Lafortune's application without costs. CCC37 had provided the applicant with the requested rules (despite them being inadequate), resolved the issue of redacted names in meeting minutes, and argued that the case was about governance, which is beyond the Tribunal's jurisdiction.

Recommendations: 

Maintain Adequate Record-Keeping Practices: The case highlights the importance of maintaining accurate and complete records for condominium corporations, as required by s 55 1 of the Condominium Act 1998. Therefore, it is recommended that condominium corporations maintain adequate record-keeping practices to ensure the completeness and accuracy of such records.

Provide Transparency in Governance: The case also raises concerns about the transparency of governance structures within condominium corporations. To ensure transparency and foster confidence in their operations, corporations should consider adopting clear and concise processes for recording and sharing board meeting minutes and other relevant information with their members.

Seek Resolutions Amicably: Another lesson from the case is the importance of seeking amicable resolutions to disputes. In this case, the corporation was able to resolve the issue of redacted names in board meeting minutes through Stage 2 - Mediation, which avoided the need for a Stage 3 - Tribunal Decision. Therefore, it is recommended that corporations strive to resolve conflicts with their members through non-adversarial means whenever possible.

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