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Mishibinijima v. Simcoe Condominium Corporation No. 60 et al.

Corporation:

Date:

2024-09-18

Summary:

This case involves a unit owner who requested records from the condominium corporation and was denied access. The Condominium Authority Tribunal (CAT) found that the condominium corporation failed to provide the requester with a reasonable explanation for denying access to requested records and ordered the corporation to provide access to the records and pay a penalty.

Under:

Records

Verdict:

The Condominium Authority Tribunal found the condominium corporation in violation of the Condominium Act for failing to provide the unit owner with a reasonable explanation for denying access to requested records. This indicates the Tribunal's commitment to ensuring transparency and accountability in condominium corporations.

Takeaways:

- Condominium corporations are required to provide certain records to unit owners upon request.
- Failure to provide a reasonable explanation for denying access to requested records can result in penalties.
- Condominium corporations must be careful about how they handle requests for records, ensuring they are in compliance with the Condominium Act.

Recommendations: 

- Condominium boards should have a clear policy in place for handling records requests to ensure they are in compliance with the Condominium Act.
- Boards should also ensure that they provide a reasonable explanation when denying access to requested records.
- Condominium corporations should also consider seeking legal advice when dealing with complex requests for records to ensure they are handling them appropriately.

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