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Maureen Moloney v Durham Condominium Corporation No. 124 - 2020 ONCAT 3 - 2020-02-11

Corporation:

MMDCC 124

Date:

2020-02-11

Under:

CAT Decisions - Decision
Fees, Costs, Penalties

Summary:

The case of Maureen Moloney v Durham Condominium Corporation No. 124 deals with a records request made by the applicant under section 55 of the Condominium Act. The hearing, held from November 21, 2019, to February 2, 2020, focused on two sets of documents requested by the applicant: the record of owners and mortgagees and the record of notices relating to leases of units. Durham 124 agreed to provide these records at no cost to the applicant in the Stage 2 Summary and Order. However, the Respondent failed to comply with the agreement, leading to a penalty of $250 being imposed on Durham 124. Additionally, in accordance with section 144.14 of the Act, the applicant was awarded costs of $200 representing the filing fees she paid to the Tribunal.

Verdict:

the quick verdict from the case of Maureen Moloney v Durham Condominium Corporation No. 124 is that the condominium corporation was ordered to pay a penalty of $250 for its delay in providing the requested records without reasonable excuse. The applicant was also awarded costs of $200 representing the filing fees paid to the Tribunal. This case highlights the importance of timely compliance with records requests under the Condominium Act and the consequences that may arise for non-compliance.

Takeaways:

Compliance with records requests: Condominium corporations are required to maintain certain records, including the record of owners and mortgagees and the record of notices relating to leases of units, as per the Condominium Act. Condominium corporations must adhere to the timelines specified for providing records upon a request from unit owners.

Penalties for non-compliance: Failure to comply with records requests can result in penalties. In this case, Durham Condominium Corporation No. 124 was ordered to pay a penalty of $250 for its delay in providing the records requested by the Applicant.

Entitlement to costs: In accordance with section 144.14 of the Act, the Applicant was awarded costs of $200 representing the filing fees paid to the Tribunal. If a unit owner incurs costs during a dispute resolution process, such as filing fees, they may be entitled to reimbursement by the condominium corporation. However, this is subject to specific conditions that are outlined in the Act.

Recommendations: 

Timely Records Provision: Condominium corporations should strive to provide requested records within the timelines specified in the Condominium Act. It is important to promptly respond to records requests, ensuring that all required documents are provided accurately and up to date.

Compliance Monitoring: Condominium corporations should establish effective systems for monitoring and ensuring compliance with records requests. This includes maintaining a record of owners and mortgagees, as well as records of notices relating to leases of units. Regular review and updates of these records will help to avoid delays and penalties.

Communication and Transparency: It is essential for condominium corporations to maintain open lines of communication with unit owners and promptly address any concerns or requests for records. Clear and transparent communication regarding the status of requested records, any delays, and the process involved will help foster trust and cooperation between the corporation and unit owners.

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