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Choose your role:
Novak v. Peel Condominium Corporation No. 485 - 2021 ONCAT 3 - 2021-01-18
Corporation:
NPCC 485
Date:
2021-01-18
Summary:
The case of Novak v Peel Condominium Corporation No 485 revolves around a policy by the respondent that restricts occupancy in the condominium to two persons per sleeping room. The applicant leased his unit to a couple who had a child, resulting in occupancy exceeding the permitted threshold. The respondent imposed additional common expenses for this violation. The applicant requested records related to this assessment but the respondent refused to provide certain records. The decision, made on January 18, 2021, focused on the respondent's failure to provide records and the adequacy of their record-keeping. The respondent was ordered to provide the requested records and was found in breach of section 551 of the Condominium Act 1998 for not retaining the minutes of board meetings and owners meetings.
Under:
CAT Decisions - Decision
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Records Retention
Verdict:
the quick verdict in this case "Novak v Peel Condominium Corporation No 485" is that the Respondent was ordered to provide the requested records, and they were found in breach of section 551 of the Condominium Act 1998 for not retaining the minutes of board meetings and owners meetings. The lesson from this case is that condominium corporations are required to maintain and provide adequate records, including minutes of meetings, to owners upon request.
Takeaways:
The case highlights the importance of maintaining adequate records in a condominium corporation. The Respondent was found in breach of Section 551 of the Condominium Act 1998 for not retaining the minutes of board meetings and owners meetings.
The case underscores the jurisdiction of the Tribunal. The issues before the Tribunal in this case were restricted to the failure or refusal of the Respondent to provide certain records requested by the Applicant and the adequacy of the Respondent's record-keeping. The reasonableness or validity of the by-law and the assessment are outside of the jurisdiction of the Tribunal.
The case demonstrates that owners have the right to access both core and non-core records. Although the minutes of meetings held in earlier years are non-core records, owners are entitled to access them if they exist. In this case, the Respondent stated that the 2001-2005 Board Meeting Minutes and the 2001-2005 Owners Meeting Minutes did not exist, which constitutes a serious breach of Section 551 of the Condominium Act 1998.
Recommendations:
Condominium corporations should implement proper record-keeping policies and procedures to maintain records of meetings and other documents required under the Condominium Act 1998. This should include a retention period that is longer than six years to ensure compliance with Section 551 of the Act.
Condominium corporations should be transparent and provide owners with access to all records, both core and non-core, upon request. Refusal or failure to provide records requested by owners can lead to disputes and potential penalties.
Condominium corporations should seek legal advice before implementing policies or by-laws related to occupancy limits or assessments. The Tribunal's decision in this case indicates that such issues may fall outside the jurisdiction of the Tribunal, and disputes related to these matters may need to be resolved through a different legal process.