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Maxime Pedneault v Carleton Condominium Corporation No. 227 - 2020 ONCAT 8 - 2020-03-17

Corporation:

MPCCC 227

Date:

2020-03-17

Under:

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

Summary:

In the case of Maxime Pedneault v. Carleton Condominium Corporation No. 227, the applicant requested various records from the condominium corporation including notices regarding leases, a list of owners and mortgagees, and periodic information certificates (PICs). The board provided most of the requested records, but withheld certain documents claiming they were private and confidential. The applicant initiated dispute resolution proceedings, and the matter proceeded to a Stage 3 hearing. The condominium tribunal determined that the applicant was entitled to the requested records and ordered the respondent to pay a penalty for refusing to provide them without a reasonable excuse. The tribunal also awarded costs to the applicant.

Verdict:

The key verdict from the case of Maxime Pedneault v Carleton Condominium Corporation No. 227 is that owners have the right to access specific records kept by a condominium corporation, including notices of leases, lists of owners and mortgagees, and periodic information certificates (PICs). The corporation must comply with procedures and requirements for providing the records, and may face penalties for refusing to provide them without a reasonable excuse, including up to $5,000. It is important for board members to be aware of their legal obligations related to record-keeping and disclosure requirements under the Condominium Act, and effective dispute resolution mechanisms are in place through the Condominium Authority Tribunal.


Takeaways:

Condominium corporations must keep adequate records: The Condominium Act, 1998 requires condominium corporations to keep adequate records, which include notices regarding leases, lists of owners and mortgagees, and periodic information certificates (PICs). These records should be easily accessible to owners, subject to specific exceptions.

Owners have a right to access records: Under the Condominium Act, owners have a right to examine and obtain copies of the records maintained by the corporation, provided that they comply with procedures and requirements for requesting the records. This includes the right to access notices of leases, lists of owners and mortgagees, and PICs.

Non-compliance may result in penalties: Condominium corporations that refuse to provide owners with the records required under the Act may be required to pay penalties of up to $5,000 if they do not have a reasonable excuse for refusing to provide the records. Additionally, the corporation may be ordered to cover the costs incurred by the owner in obtaining the records.

Board members must be aware of legal obligations: Board members of condominium corporations should be aware of their legal obligations related to record-keeping and disclosure requirements, as well as the scope of legal exemptions and exceptions.

Recommendations: 

Enhance record-keeping practices: Condominium corporations should ensure that they have adequate systems in place to keep track of and maintain all required records, including notices of leases, lists of owners and mortgagees, and periodic information certificates. This will help ensure compliance with the Condominium Act and enable smooth access to records when requested by unit owners.

Provide timely and complete access to records: Condominium corporations should prioritize timely and complete responses to requests for records from unit owners. It is important to provide all requested records within the specified timelines and to ensure that the documents provided are accurate and complete. This will help in fostering trust and transparency within the condominium community.

Familiarize with legal obligations: Board members and other relevant stakeholders should familiarize themselves with their legal obligations under the Condominium Act, particularly regarding record-keeping and disclosure requirements. It is essential to understand the specific documents that must be maintained and provided to unit owners upon request to avoid potential penalties and disputes in the future. Regular training and updates on legal obligations can help ensure compliance.

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