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Nicholaos Nassios v Grey Standard Condominium Corporation No. 46 - 2019 ONCAT 33 - 2019-07-17
Corporation:
NNGSCC 46
Date:
2019-07-17
Summary:
This case (2019 ONCAT 33) involves the applicant, who initially applied for electronic copies of certain records from Grey Standard Condominium Corporation No. 46 ("GSCC46") while he was a unit owner. However, during the process, he sold his condominium unit but received an agency authorization from another unit owner to act on their behalf. The key issue was whether the applicant could continue his application as an agent after selling his unit. The decision clarified that to be eligible to obtain records under the Condominium Act, an applicant must maintain their status as a unit owner or agent throughout the process. The applicant lost his eligibility upon selling his unit, and the agency authorization did not allow him to continue his request for records. Therefore, GSCC46's motion to dismiss the application was granted, and the applicant's application was dismissed.
Under:
CAT Decisions - Dismissal Order
Entitlement to Records
Fees, Costs, Penalties
Verdict:
In this case, it was determined that under Section 55(3) of the Condominium Act, individuals, including unit owners and agents, must maintain their eligibility throughout the process to obtain records. Timing of ownership status is crucial, and losing unit ownership during the proceedings can render an applicant ineligible to continue their request. Furthermore, an agency authorization may allow examination of records but may not grant the authority to obtain copies of records, emphasizing the importance of understanding and adhering to the legal requirements when pursuing condominium records under the Condominium Act.
Takeaways:
In the case of Nicholaos Nassios v Grey Standard Condominium Corporation No. 46 (2019 ONCAT 33), the issue revolved around whether the applicant, who initially applied for condominium records as a unit owner, could continue his application after selling his unit and acting as an agent for another unit owner.
The decision clarified that under Section 55(3) of the Condominium Act, individuals, including unit owners and agents, must maintain their eligibility throughout the process to obtain records.
The timing of ownership status is crucial, and losing unit ownership during the proceedings can render an applicant ineligible to continue their request.
An agency authorization does not necessarily grant the authority to obtain copies of records; it may only allow examination of records.
This case underscores the importance of understanding the legal requirements and maintaining eligibility when pursuing condominium records under the Condominium Act.
Recommendations:
Maintain Ownership Status: It is crucial for individuals seeking condominium records to maintain their ownership status throughout the process. This case highlights the importance of ensuring that you are still an eligible party, such as a unit owner, when pursuing records under Section 55(3) of the Condominium Act.
Understanding Agency Agreements: When acting as an agent, it's essential to understand the limitations of your authority. In this case, the agency agreement did not grant the agent the authority to obtain copies of records, emphasizing the need for clarity in such agreements.
Initiate Requests Promptly: To avoid losing eligibility, initiate requests for records promptly and maintain your status until the process is concluded. In this case, the applicant lost eligibility due to the sale of the unit before the hearing's conclusion, preventing them from continuing the application.