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Landry v. Toronto Standard Condominium Corporation No. 1553 - 2024 ONCAT 50 - 2024-04-01
Corporation:
LTSCC 1553
Date:
Mon Apr 01 2024 04:00:00 GMT+0000 (Coordinated Universal Time)
Under:
CAT Decisions - Decision
Access to Records
Fees, Costs, Penalties
Summary:
A unit owner in Toronto Standard Condominium Corporation No. 1553, requested detailed records related to plumbing and water damage repair invoices from 2022. The condominium corporation provided an estimated cost breakdown for labor associated with producing these non-core records. The unit owner contested the fee, arguing that the corporation should not charge for these records. The Condominium Authority Tribunal (CAT) ruled in favor of the corporation, stating that they were entitled to charge a reasonable fee for producing the requested records. Additionally, the CAT declined to award costs to either party.
Verdict:
The CAT ruled that the condominium corporation was entitled to charge a reasonable fee for producing non-core records requested by the unit owner. Unit owners should understand that there may be costs associated with accessing detailed records and should be prepared to cover these expenses.
Takeaways:
Entitlement to Fees: The Condominium Act and related regulations allow condominium corporations to charge reasonable fees for producing non-core records requested by unit owners.
Reasonableness of Fees: Condominium corporations must provide an estimated breakdown of costs associated with producing requested records, including labor and redaction expenses. The fees charged should be reasonable and consistent with regulatory guidelines.
Discretionary Awards: The CAT has the discretion to award or deny reimbursement of tribunal fees and legal costs based on factors such as the conduct of the parties and the outcome of the case.
Responsibilities of Unit Owners: Unit owners should be aware of their rights and obligations regarding access to condominium records and be prepared to cover reasonable costs associated with record production.
Recommendations:
Unit owners seeking access to condominium records should carefully review the relevant regulations and be prepared to pay reasonable fees for record production. It's also advisable to seek clarification or assistance if there are any questions or concerns regarding the fees charged by the condominium corporation.