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Choose your role:
Nzige v. York Region Standard Condominium Corporation No. 1116
Corporation:
Date:
2025-04-22
Summary:
The applicant asked for access to the records of the condominium corporation's security cameras in order to identify someone who vandalized his vehicle, but the corporation rejected the request citing privacy concerns. The Condominium Authority Tribunal of Ontario (CAT) found that the corporation did not have to provide the footage as it would interfere with the privacy of other residents.
Under:
Records, Privacy
Verdict:
The CAT ruled in favor of the Condominium Corporation, stating that the security footage constitutes records of the corporation but does not fall under the category of records that must be disclosed to owners under Section 55 of the Condominium Act. This decision highlights the balance that needs to be struck between a resident's right to investigate vandalism and the privacy rights of other residents.
Takeaways:
- Condominium corporations have the right to deny access to security camera footage if it infringes on the privacy of other residents.
- Situations involving vandalism or other security incidents may not override privacy concerns.
- The Condominium Authority Tribunal is likely to uphold the privacy rights of residents in such disputes.
Recommendations:
- Condo boards and managers should have a clear understanding of the Condominium Act's record disclosure requirements.
- Privacy rights should always be taken into account when considering requests for security camera footage.
- In case of vandalism or similar incidents, condo boards should engage law enforcement authorities to handle investigations rather than sharing security footage with residents.