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Mawji v. York Condominium Corporation No. 415 - 2021 ONCAT 72 - 2021-07-29

Corporation:

MYCC 415

Date:

2021-07-29

Under:

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

Summary:

This decision by the Condominium Authority of Ontario concerns a dispute between a condo unit owner and the respondent, York Condominium Corporation No. 415 (YCC 415), regarding the adequacy of records provided in response to a request for access to records. The applicant alleges she did not receive adequate records, including minutes of board meetings, and YCC 415 maintained that they provided access to all existing records. The decision-maker found that YCC 415 provided access to all existing records and rejected the applicant's claims that the minutes of board meetings were inadequate. However, the decision-maker identified that YCC 415 did not provide an audit report for 2018, but did not find any evidence that YCC 415 had received it, and concluded that YCC 415 did not breach the Act regarding this issue.

Verdict:

The Condominium Authority of Ontario ruled in favor of York Condominium Corporation No. 415, stating that they provided access to all existing records requested by the applicant, except for the 2018 audit report which YCC 415 did not receive. The decision highlights the importance of maintaining adequate records of board meetings and providing timely access to records. The case also serves as an example of the dispute resolution process under the Condominium Authority Tribunal.

Takeaways:

Board meeting records: The case highlights the importance of maintaining adequate records of board meetings in accordance with Section 551 of the Condominium Act 1998. Accordingly, the Respondent needed to provide evidence of all board proceedings within the given period, including any board decisions made outside of formal meetings but in accordance with the Act.

Access to records: The case emphasizes the importance of providing timely and adequate access to records in accordance with Section 55 of the Act. The decision-maker rejected the applicant's claim that they were not given adequate access to records but held the Respondent accountable for failing to provide an audit report from 2018.

Dispute resolution: The case provides an example of the dispute resolution process under the Condominium Authority Tribunal and the role of the decision-maker. The written decision provides a detailed analysis and explanation of the evidence presented by both parties and identifies possible breaches of the Act, while ultimately offering a clear, reasoned decision based on the available facts.

Recommendations: 

Seek Mediation or Alternative Dispute Resolution: In condominium disputes, it is often beneficial to explore mediation or alternative dispute resolution methods before pursuing formal legal action. These processes can help facilitate communication and negotiation, leading to a mutually acceptable resolution.

Review and Understand the Condominium Bylaws: Thoroughly review the condominium bylaws and governing documents to understand the rights and responsibilities of both unit owners and the condominium corporation. Having a clear understanding of the rules and regulations can help clarify any potential issues and guide your actions.

Seek Legal Advice: If the dispute cannot be resolved through mediation or informal discussions, it may be necessary to seek legal advice from a lawyer specializing in condominium law. They can provide guidance on your rights, potential legal remedies, and help navigate the complex legal landscape of condominium disputes.

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