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Rafael Barreto-Rivera v Metropolitan Toronto Condominium Corporation No. 704 - 2020 ONCAT 7 - 2020-03-16

Corporation:

RBRMTCC 704

Date:

2020-03-16

Under:

CAT Decisions - Decision
Fees, Costs, Penalties
Records Retention

Summary:

The case of Rafael Barreto-Rivera v Metropolitan Toronto Condominium Corporation No 704 involved a records request under section 55 of the Condominium Act 1998. The applicant, a unit owner, requested a copy of a Board resolution regarding a payment for repairs. However, the corporation did not respond to the request within the required timeframe and did not provide the requested resolution. The corporation argued that resolutions are not required to be provided under the Act. The tribunal found that the resolution did not exist, but it did not have jurisdiction to determine the legitimacy of the corporation's policy on creating resolutions. A penalty of $200 was awarded to the applicant.

Verdict:

The quick verdict in this case is that the condominium corporation, Metropolitan Toronto Condominium Corporation No 704, failed to provide a requested Board resolution regarding a payment for repairs within the required timeframe. The tribunal awarded a penalty of $200 to the unit owner, Rafael Barreto-Rivera, for the corporation's non-compliance. The lesson from this case is that condominium corporations must adhere to the timeline for responding to records requests and provide the requested documents in a timely manner to avoid penalties.


Takeaways:

Compliance with the Act: Condominium corporations must comply with the Condominium Act 1998, and failure to do so can lead to penalties. In this case, the tribunal awarded a penalty of $200 to the unit owner due to the corporation's failure to respond to a records request in a timely manner, as required by Ontario Regulation 480/01.

Keep Accurate Records: The Act mandates that condominium corporations keep certain types of records, including financial records, and make them available to unit owners upon request. In this case, the condominium corporation did not have the requested Board resolution, which led to the tribunal ruling that the corporation did not have to provide it.

Seek Legal Advice When Necessary: If a condominium corporation is unsure about its obligations under the Act or how to respond to a specific records request, it is advisable to seek legal advice. Legal professionals can provide guidance on compliance, avoiding penalties, and ensuring the rights of both the corporation and the unit owners are protected.


Recommendations: 

Timely and Accurate Response to Records Request: Condominium corporations should respond to records requests in a timely and accurate manner to avoid penalties. To meet the regulation's requirements, condominium corporations should create an effective process for managing records and responding to requests to minimize the risk of penalties.

Transparency in Communication: Unit owners are entitled to receive the requested documents, and condominium corporations should have a clear and transparent communication policy with their members and follow it consistently. In this case, it is apparent that the communication between the parties was not clear, which resulted in non-compliance and a penalty. Clear communication and a well-defined policy can prevent disputes and improve the corporation's operations.

Legal Advice: If a condominium corporation is not sure about its obligations concerning a member's request for records or how to respond to it, it is essential to seek legal advice. Legal professionals can help the corporation understand the obligations under the Act, design a process, and minimize potential penalties. Seeking legal advice can also ensure that the rights of both the corporation and the unit owners are protected.

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