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Ralph Tait v Waterloo Standard Condominium Corporation No. 553 - 2020 ONCAT 1 - 2020-01-08

Corporation:

RTWSCC 553

Date:

2020-01-08

Under:

CAT Decisions - Decision
Access to Records
Adequacy of Records
Entitlement to Records

Summary:

"Ralph Tait v Waterloo Standard Condominium Corporation No 553" and involves a dispute regarding access to records in a condominium corporation. The applicant, served as Treasurer of the Board of Directors of the condominium corporation. He initiated a Waiver for Records in November 2018, but no records were provided. In June 2019, the applicant made a formal Request for Records, seeking various documents related to the management of the corporation. The case highlights the applicant's pursuit for the production of records and his entitlement to financial statements and budget documents. The Tribunal eventually ruled in favor of Tait, ordering the electronic copies of requested records to be provided to him at no cost.

Verdict:

In this case, the applicant, who served as treasurer of the board of directors of Waterloo Standard Condominium Corporation No. 553, requested access to certain records related to the corporation, but the management company did not provide the records to him. The Condominium Authority Tribunal ruled that the applicant was entitled to receive an electronic copy of the requested records as well as approved financial statements and approved budgets at no cost to him.


Takeaways:

Access to Records: The case revolves around the applicant seeking access to various records related to the management of the Waterloo Standard Condominium Corporation No 553. The applicant initiated a waiver for records, followed by a formal request, but the records were not provided.

Tribunal Decision: The Condominium Authority Tribunal (CAT) ruled in favor of the applicant. The tribunal ordered the respondent, Waterloo Standard Condominium Corporation No 553, to provide the applicant with electronic copies of the requested records, including financial statements and budget documents, at no cost.

Entitlement to Records: The tribunal recognized the applicant's entitlement to the unredacted electronic copies of the records mentioned in the waiver, as well as the approved financial statements and the most recent approved budget. The ruling highlights the importance of access to records for condominium corporation members.

Recommendations: 

Enhance Communication and Transparency: Condominium management companies should proactively communicate with unit owners and promptly respond to requests for records. Clear communication channels should be established to ensure all relevant information is shared in a transparent manner. This can help prevent disputes and maintain a harmonious relationship between the board and unit owners.

Educate Board Members: Board members should be aware of their responsibilities and obligations under the Condominium Act. Providing training and educational resources can help board members understand the importance of record-keeping, access to records, and compliance with legislative requirements. This can empower board members to make informed decisions and avoid potential conflicts.

Regularly Review and Update Policies: Condominium corporations should review and update their policies and procedures, especially those related to record-keeping and access to records. Clear guidelines should be established to ensure that all unit owners have equal access to information. Regular reviews of policies can help identify any gaps or areas for improvement in managing records and maintaining compliance with legal requirements.

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