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Lambton Condominium Corporation No. 9 v. Whiteway

Corporation:

​

Date:

2024-08-26

Summary:

This case involves a dispute between a condo owner and a condo corporation concerning access to records. The owner requested various records from the corporation, but the corporation failed to provide them within the required time frame, leading to the owner filing an application with the CAT.

Under:

Records

Verdict:

The corporation was ordered to provide the requested records to the owner. They were also ordered to pay a penalty of $500 for their failure to comply with the owner's request in a timely manner. This decision underlines the importance of condo corporations promptly responding to record requests as per the stipulated time frame.

Takeaways:

- Condo corporations must respond to record requests within the time frame stipulated by the law.
- Failure to comply with the record request in a timely manner can lead to a CAT application.
- The CAT has the power to impose a penalty on the corporation for failing to provide requested records.

Recommendations: 

- Condo boards and managers should ensure that they are aware of the legal requirements surrounding the provision of records to owners.
- They should also establish procedures to ensure that requests are responded to promptly to avoid penalties.
- Regular training and updates on legal requirements can also help prevent such issues from arising in the future.

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