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Nicholls v. Niagara South Condominium Corporation No. 12 - 2022 ONCAT 148 - 2022-12-22

Corporation:

NNSCC 12

Date:

2022-12-22

Under:

CAT Decisions - Decision
Adequacy of Records

Summary:

the case of Nicholls v Niagara South Condominium Corporation No 12 was decided by the Condominium Authority Tribunal. The dispute centered around whether the Respondent (condominium corporation) was keeping adequate records in accordance with the requirements of the Condominium Act 1998.

The Tribunal denied the Respondent's request to dismiss the case, stating that it fell within their jurisdiction. They also rejected the Respondent's assertion that issues related to other sections of the Act were outside the Tribunal's jurisdiction.

The Applicant identified concerns with the records received, including inadequate minutes, incomplete documentation of financial transactions, and lack of clarity in decision-making. The Applicant argued that these inadequacies constituted a deliberate attempt to deceive the owners about the corporation's financial situation.

Verdict:

In the case of Nicholls v Niagara South Condominium Corporation No 12, the Condominium Authority Tribunal determined that certain records were inadequate, highlighting the importance of maintaining accurate and comprehensive documentation. This case emphasizes the need for condominium corporations to adhere to the requirements of the Condominium Act 1998 and ensure transparency and clarity in their records.

Takeaways:

Takeaways:

Condominium corporations must keep adequate records in accordance with the Condominium Act 1998.
The Tribunal has the jurisdiction to decide disputes related to the adequacy of records.
Inadequate records can lead to concerns about transparency and understanding of financial situations within a condominium corporation.

Recommendations: 

Recommendations:

Condominium corporations should prioritize keeping thorough and accurate records in accordance with the requirements set forth in the Condominium Act 1998.
Regularly review and update record-keeping practices to ensure compliance and to avoid potential disputes or allegations of inadequate records.
Seek legal or professional guidance regarding record-keeping obligations to ensure clarity and adherence to applicable laws and regulations.

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