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Mehta v. Peel Condominium Corporation No. 389 - 2020 ONCAT 32 - 2020-09-16

Corporation:

MPCC 389

Date:

2020-09-16

Under:

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

Summary:

The case "Mehta v. Peel Condominium Corporation No. 389" involves a unit owner who submitted a request for records to the condominium corporation, PCC 389, but did not receive a response. The unit owner approached the Condominium Authority Tribunal (CAT) seeking copies of the requested records and a penalty for PCC 389's refusal. Despite the absence of PCC 389 during the hearing, the CAT determined that the apllicant was entitled to the requested records, which included minutes of board meetings, copies of agreements with management companies, and monthly financial statements. However, the CAT found that previous requests for minutes and the condominium by-laws had already been addressed and were not part of the current hearing. The CAT ordered PCC 389 to provide the requested records and imposed a penalty of $200.

Verdict:

the quick verdict of the case "Mehta v. Peel Condominium Corporation No. 389" is that the Condominium Authority Tribunal (CAT) ordered PCC 389 to provide the applicant with the requested records, including meeting minutes, agreements, and financial statements. Additionally, a penalty of $200 was imposed on PCC 389 for their refusal to provide the records.

The lesson from this case is that condominium corporations are required to comply with the Condominium Act, 1998, which includes providing requested records to unit owners in a timely manner. Failure to do so may result in penalties and orders from the CAT. It also highlights the importance of proper record-keeping and transparency in condominium governance to ensure the rights of unit owners are upheld.

Takeaways:

Records Request: A unit owner in Peel Condominium Corporation No. 389, submitted a request for records to the condominium corporation. He requested various records, including board meeting minutes, agreements with management companies, and financial statements.

Lack of Response: The condominium corporation, PCC 389, failed to respond to the applicant's records request, violating the requirements of the Condominium Act, 1998. Mr. Mehta approached the Condominium Authority Tribunal (CAT) seeking the requested records and a penalty for PCC 389's refusal to provide them.

Tribunal Decision: The CAT determined that the applicant was entitled to the requested records, including meeting minutes, agreements, and financial statements. PCC 389 did not participate in the hearing, but the CAT proceeded in its absence and ordered PCC 389 to provide the records. Additionally, the CAT imposed a penalty of $200 for the refusal to provide the records.

Recommendations: 

Compliance with the Condominium Act: Condominium corporations should ensure they comply with the Condominium Act, 1998, and its regulations, including promptly responding to owners' requests for records. Failure to do so can lead to penalties and orders from the Condominium Authority Tribunal (CAT).

Effective Record-Keeping: Condominium corporations should implement efficient and organized record-keeping systems to ensure easy access to requested records. This includes maintaining up-to-date and comprehensive records of board meetings, financial statements, agreements with management companies, and other relevant documents required by the Condominium Act.

Transparency and Communication: It is important for condominium corporations to maintain transparency and effective communication with unit owners. They should proactively inform owners about the availability of records, any changes in management agreements, and updates on financial matters. Regularly sharing information empowers unit owners and helps foster trust between the corporation and its members.

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