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Lagan v. Carleton Condominium Corporation No. 331 - 2020 ONCAT 30 - 2020-09-03

Corporation:

LCCC 331

Date:

2020-09-03

Under:

CAT Decisions - Decision
Fees, Costs, Penalties

Summary:

The case of Lagan v Carleton Condominium Corporation No 331 involved a dispute over the provision of records by the condominium corporation to the Applicant. The applicant alleged that the Condominium Corporation delayed providing some records and deliberately falsified certain records. The Respondent argued that it did not refuse to provide records and that the delay in providing one record was due to administrative oversight. However, the tribunal found that the Respondent had refused to provide records without reasonable justification and ordered the condominium corporation to pay a penalty of $150 and $200 in costs. The case highlights the importance of providing accurate and complete records to owners and demonstrates that failure to do so can result in legal consequences.

Verdict:

The case of Lagan v Carleton Condominium Corporation No 331 demonstrates the importance of timely and accurate recordkeeping by condominium corporations, as well as the need for clear communication and dispute resolution methods. The tribunal found that the Respondent had refused to provide records without reasonable justification and ordered the condominium corporation to pay a penalty of $150 and $200 in costs to the Applicant. The case ultimately serves as a warning to condominium corporations that inadequate recordkeeping and communication can lead to legal consequences and financial penalties.

Takeaways:

Condominium corporations should provide accurate and complete records to owners, and failure to do so can result in legal consequences. The tribunal found that the Respondent had refused to provide records to the Applicant without reasonable justification and ordered the condominium corporation to pay a penalty of $150 and $200 in costs.

The case highlights the importance of maintaining proper documentation and responding to owners' requests for records in a timely manner. In this case, the tribunal found that the Respondent had delayed providing one record due to administrative oversight.

The case shows the importance of clear communication between the parties involved in a dispute. Despite the Respondent's claim that it did not refuse to provide records, the tribunal found that the Applicant had effectively been refused the records he requested. The case could have been resolved more efficiently if the Respondent had communicated more clearly with the Applicant and addressed his concerns in a more timely manner.

Recommendations: 

Improve record-keeping and response time: Ensure that condominium corporations have efficient systems in place to handle and respond to requests for records from unit owners. This includes timely delivery of records and clear communication about the status and availability of requested documents. This will help to avoid disputes and potential penalties for failing to provide records.

Enhance communication protocols: Establish clear and effective communication channels between condominium corporations and unit owners. This includes acknowledging and addressing concerns or requests promptly, providing updates on the progress of requests, and ensuring that all parties involved are well-informed. Open and transparent communication can help resolve issues and prevent them from escalating into formal hearings.

Strengthen training and education: Provide training and education to board members, condominium managers, and staff to ensure they are knowledgeable about their obligations under the Condominium Act and other relevant legislation. This includes understanding the importance of record-keeping, responding to requests for records in a timely manner, and implementing proper administrative procedures. Ongoing training can help prevent misunderstandings, improve compliance, and ultimately lead to more effective management of the condominium corporation.

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