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McCoy v. Simcoe Condominium Corporation No. 119 - 2024 ONCAT 41 - 2024-03-15

Corporation:

MSCC 119

Date:

Fri Mar 15 2024 04:00:00 GMT+0000 (Coordinated Universal Time)

Under:

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

Summary:

The owner of a unit in Simcoe Condominium Corporation No. 119 (SCC 119), submitted a Request for Records on April 20, 2023. She alleged that SCC 119 put barriers in place to frustrate her access to the records and requested that the Tribunal order SCC 119 to pay a penalty. She also alleged that the estimated fee for the records was unreasonable and that SCC 119 was not keeping adequate records as required by the Condominium Act, 1998. The issues revolved around the applicant's entitlement to review the records, the adequacy of SCC 119's record-keeping, refusal to provide records, reasonableness of fees, and costs or compensation for damages.

Verdict:

The Tribunal ordered SCC 119 to provide certain records to the applicant and refund the Tribunal fees she paid. While SCC 119 was not found to have outright refused to provide records, issues arose regarding the completeness of the records provided and the reasonableness of the estimated fees. The importance of adequate record-keeping for condominium corporations to meet their obligations and maintain transparency was underscored. Cooperative communication between owners and corporations can help prevent misunderstandings and disputes over record requests.

Takeaways:

Owners have the right to access condominium corporation records, and corporations are obligated to provide them unless there's a reasonable excuse.
Adequate record-keeping is essential for transparency and governance within condominium corporations.
Corporations should not impose barriers or restrictions that hinder an owner's access to records.
Fees for providing records should be reasonable and accurately estimated, considering the nature of the request and the actual costs involved.
Cooperation between owners and corporations can prevent disputes and facilitate smoother resolution of record-related issues.

Recommendations: 

Condominium corporations should ensure compliance with record-keeping requirements under the Condominium Act, 1998, and strive to maintain transparency and cooperation with unit owners regarding record requests. It's essential to accurately estimate fees, provide complete records promptly, and address any concerns or disputes in a timely and transparent manner.

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