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Rahman v. Peel Standard Condominium Corporation No. 779 - 2021 ONCAT 32 - 2021-04-15

Corporation:

RPSCC 779

Date:

2021-04-15

Under:

CAT Decisions - Decision
Adequacy of Records
Fees, Costs, Penalties

Summary:

The CAT Decision in Rahman v Peel Standard Condominium Corporation No. 779 addresses the adequacy of records provided by the condominium corporation in response to a records request made by the applicant. The records requested included the condominium declaration, rules, and minutes of meetings. The applicant argued that the records were inadequate and sought amendments, as well as penalties and costs. However, the Tribunal found that the records provided were adequate and in accordance with the Condominium Act 1998, dismissing the request for amendments and penalties. The decision also highlights the interpretation of the mediation and arbitration provisions in the condominium declaration.

Verdict:

The quick verdict of the CAT Decision in Rahman v Peel Standard Condominium Corporation No. 779 is that the records provided in response to the request made by the applicant were adequate and in accordance with the Condominium Act 1998, and therefore no amendments or revisions were required. Additionally, the decision emphasizes that the declaration is treated as containing mediation and arbitration provisions whether or not it's explicitly stated within it.

Takeaways:

The decision in Rahman v Peel Standard Condominium Corporation No. 779 focuses on the adequacy of records provided by the condominium corporation in response to a records request made by the applicant.
The Tribunal found that the records provided were adequate and in accordance with the Condominium Act 1998, dismissing the request for amendments and penalties as well as any claims for costs.
The decision also touches on the interpretation of the mediation and arbitration provisions in the condominium declaration, with the Tribunal emphasizing that the declaration is treated as containing these provisions whether or not it is explicitly stated within it.

Recommendations: 

Clarify and update the condominium declaration: In the case of Rahman v Peel Standard Condominium Corporation No. 779, the applicant argued that the declaration was outdated and did not contain the mediation and arbitration policy required by the Act. To address this, it is recommended that the condominium corporation review and update the declaration to explicitly include the mediation and arbitration provisions as required by Section 1324 of the Condominium Act 1998.

Maintain accurate and properly identified condominium corporation rules: In the aforementioned case, the applicant raised concerns about the authenticity of the rules, stating that they were not dated, signed, or specifically named the applicable condominium. To ensure transparency and avoid confusion, it is recommended that the condominium corporation ensure the rules are properly identified, including being dated and signed, and clearly indicate which condominium they are applicable to.

Enhance record-keeping practices and documentation: Although the Tribunal in Rahman v Peel Standard Condominium Corporation No. 779 found the records provided to be adequate, it is always a good practice to enhance record-keeping processes to ensure compliance with the Condominium Act and to facilitate transparency and effective communication with owners. This may involve implementing a systematic approach to record creation, maintenance, and retrieval, including clearly identifying and organizing records requested by owners in response to the Act's requirements. Regularly reviewing record-keeping practices and providing training to staff members involved in record management can also help improve efficiency and effectiveness in dealing with records requests.

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