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Samms v. McDavid

Corporation:

Date:

2025-05-07

Summary:

This case revolves around a dispute about a condo owner's request for access to the corporation's records mainly relating to legal expenses and specific contracts. The condominium corporation failed to provide the requested records within the prescribed time limit, leading to a violation of Section 55 of the Condominium Act, 1998.

Under:

Records

Verdict:

The Condominium Authority Tribunal ordered the condominium corporation to provide the requested records to the owner within 30 days. This case emphasizes the importance of compliance with the Condominium Act, 1998 in relation to the provision of records upon request by an owner.

Takeaways:

- Condominium corporations are obligated to provide owners with access to specific records upon request, as stipulated by the Condominium Act, 1998.
- Failure to provide requested records within the specified time may result in a violation of Section 55 of the Condominium Act, 1998.
- Penalties can be imposed on corporations that violate the Condominium Act by failing to provide requested records.

Recommendations: 

- Condominium corporations must ensure they are responsive to requests for access to specific records from owners.
- Condominium boards and managers should familiarize themselves with the Condominium Act, 1998 to understand their obligations and avoid potential violations.
- Implementing a system for timely and efficient handling of such requests can prevent violations and financial penalties.

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