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Nash v. Oxford Standard Condominium Corporation No. 142 - 2024 ONCAT 3 - 2024-01-04

Corporation:

NOSCC 142

Date:

Thu Jan 04 2024 05:00:00 GMT+0000 (Coordinated Universal Time)

Under:

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

Summary:

In the case of Nash v. Oxford Standard Condominium Corporation No. 142 (2024 ONCAT 3), the Condominium Authority Tribunal addressed a dispute regarding access to records under the Condominium Act, 1998. The applicant alleged that OSCC 142 failed to respond adequately to his request for various records. The tribunal found that OSCC 142 did not provide adequate records in terms of notices related to leases and minutes of board meetings. However, it did not consider OSCC 142's actions as a refusal without reasonable excuse. The tribunal ordered OSCC 142 to create a record of board decisions, mandated director training for current directors, and awarded $200 in costs to the applicant.

Verdict:

The tribunal emphasized the importance of maintaining accurate records and, while not imposing a penalty, ordered corrective actions for the condominium corporation to fulfill its obligations under the Condominium Act.

Takeaways:

Condominium corporations must keep accurate and adequate records as mandated by the Condominium Act.
Failure to maintain proper records can result in orders from the Condominium Authority Tribunal to rectify deficiencies.
The tribunal may not impose penalties for refusal if there's no evidence of intentional refusal without reasonable excuse.

Recommendations: 

Condominium corporations should proactively ensure compliance with record-keeping obligations.
Directors of condominium corporations should undergo mandatory training to enhance understanding of their responsibilities.
When faced with record access disputes, prompt and transparent responses are crucial to avoid potential penalties and corrective orders.





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