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Niekraszewicz v. York Region Condominium Corporation No. 835 - 2021 ONCAT 73 - 2021-08-04
Corporation:
NYRCC 835
Date:
2021-08-04
Summary:
Niekraszewicz v York Region Condominium Corporation No 835 involved a condominium unit owner seeking records from the respondent corporation. The applicant was granted some but not all of the requested records, and it was found that the respondent had refused to provide records without a reasonable excuse. As a result, a penalty of $3000 was imposed on the respondent.
Under:
CAT Decisions - Decision
Entitlement to Records
Fees, Costs, Penalties
Verdict:
The applicant was entitled to certain records from the respondent condominium corporation but did not receive all of them. The respondent refused to provide some records without a reasonable excuse, leading to a penalty of $3000 imposed on the respondent. This case highlights the importance of condo owners' entitlement to records and the consequences for not complying with the legal requirements.
Takeaways:
Entitlement to Records: The applicant sought several records from the respondent condominium corporation. The tribunal found that the applicant was entitled to some core records, including financial statements, minutes of board meetings, and a record of owners and mortgagees.
Refusal to Provide Records: The tribunal concluded that the respondent had refused to provide certain records without a reasonable excuse. This refusal led to a penalty of $3000 being imposed on the respondent.
Lack of Respondent Participation: Despite being notified of the hearing, the respondent did not participate in the proceedings. The tribunal noted that the hearing process offered ample opportunity for participation, including a live synchronous motion hearing and multiple attempts to engage the respondent.
Failure to Address All Requests: The applicant believed that not all of their requested records were fully addressed by the respondent. The tribunal acknowledged that some of the requested records were not provided by the respondent.
Requested Records: The applicant's requests for records included reserve fund banking and investment statements, financial statements, a record of owners and mortgagees, insurance policy applications, periodic information certificates, minutes of board meetings, and notices of insurance policy termination.
Recommendations:
Compliance with Record Requests: Condominium corporations should ensure timely and complete responses to record requests from unit owners. Failure to provide records without a reasonable excuse can lead to penalties. It is important to understand the legal requirements for responding to record requests under the Condominium Act 1998.
Communication and Participation: Parties involved in condominium disputes should actively participate in the hearing process. The tribunal process is primarily asynchronous and text-based, providing multiple opportunities to engage. Parties should be aware of the hearing proceedings and meet participation deadlines to ensure a fair and comprehensive resolution.
Adherence to Condominium Regulations: Condominium corporations should maintain accurate and up-to-date records as required by Ontario Regulation 4801. This includes core records such as financial statements, minutes of board meetings, record of owners and mortgagees, and periodic information certificates. By staying compliant with the regulations, condominium corporations can avoid disputes and penalties.