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Choose your role:
Norfolk Condominium Corporation No. 7 v. Vogl
Corporation:
Date:
2024-11-08
Summary:
This case revolves around a condo owner's request for various records of the corporation, which was partially denied by the corporation. The Condominium Authority Tribunal (CAT) of Ontario ruled that the corporation must provide some records to the owner but also upheld the corporation's right to withhold certain records.
Under:
Records
Verdict:
The CAT upheld the owner's right to access certain records but also validated the corporation's right to withhold certain records. This decision underscores the balance between an owner's right to access information and the corporation's right to privacy and operational integrity.
Takeaways:
- Condominium corporations must provide owners with certain records upon request, but they also have the right to withhold certain records for privacy and other legitimate reasons.
- Condo corporations can charge a reasonable fee for providing records, but they cannot use this as a deterrent to prevent owners from accessing records.
- The CAT has the authority to order corporations to provide records and can also order the payment of legal costs in certain circumstances.
Recommendations:
- Condo corporations should be familiar with the types of records that they are required to provide upon request.
- They should also have a clear policy in place for processing such requests and for determining which records can be withheld for privacy or other valid reasons.
- Condo boards and managers should also be aware that they can be ordered to pay legal costs if they unjustifiably withhold records or otherwise act in bad faith.