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Martynenko v. Peel Standard Condominium Corporation No.935 - 2021 ONCAT 125 - 2021-12-23






The case of Martynenko v Peel Standard Condominium Corporation No935 before the Condominium Authority of Ontario involved a dispute over requests for records made by the applicant to the respondent. The applicant had filed three separate requests for records with concerns relating to the governance or management of the condominium. The respondent alleged that the requests were not motivated by valid concerns and were instead made for improper purposes, including harassment. The tribunal found that the respondent failed to comply with its duties under the Condominium Act 1998 and the Regulation, which led to further disputes and aggravation. The tribunal ordered the respondent to provide copies of the requested records, and the applicant's request for a penalty against the respondent for refusing to provide requested records unreasonably was granted.


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


the case involved a dispute between a condominium unit owner and the condominium corporation regarding requests for records. The condominium authority tribunal ruled that certain requests were not within their jurisdiction but found that the condominium corporation had not properly handled the requests and provided inadequate records. The lesson from this case is that it is important for condominium corporations to fulfill their obligations in responding to requests for records from unit owners.


the Condominium Authority Tribunal has delivered a decision that highlights the significance of complying with the requirements and timelines set out in the Condominium Act, 1998. While addressing the Respondent Peel Standard Condominium Corporation No. 935's handling of Martynenko's records request, the Tribunal focused on the issues of request delays, inadequate record provisions, and allegations of harassment in this ongoing dispute. The decision stated that incompliance with the Act and Regulation by failing to accurately respond to an owner's records request in both content and timelines can result in liability and a penalty under the Act. Therefore, it is crucial to maintain transparency and accountability in the governance and management of condominiums to avoid any conflicts with owners that could result in disputes, legal proceedings, and penalties. In conclusion, the decision serves as a reminder to condominium corporations to handle records requests accurately and promptly.


Improve the handling of records requests: The condominium corporation should ensure that they accurately complete and timely respond to records requests from unit owners. This includes providing the requested records within the specified timeframes and avoiding errors in the response forms.

Enhance communication and transparency: It is important for the condominium corporation to communicate with unit owners regarding the status of their records requests. This includes providing clear and specific information about the availability and adequacy of the requested records. Transparency in the process helps to build trust and reduce conflicts.

Train staff on records management: The condominium corporation should provide proper training to their staff, including condominium managers, on records management procedures and obligations under the Condominium Act. This will ensure that staff members are familiar with their responsibilities in handling records requests and have the necessary knowledge and skills to fulfill them effectively.

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