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Choose your role:
Sava v. York Condominium Corporation No. 386 - 2024 ONCAT 35 - 2024-03-12
Corporation:
SYCC 386
Date:
Tue Mar 12 2024 04:00:00 GMT+0000 (Coordinated Universal Time)
Summary:
In the case of Sava v. York Condominium Corporation No. 386, Mr. Sava, a unit owner, requested various records from the condominium corporation. Despite some disputes over fees and missing records, the Tribunal found that the corporation had not unreasonably refused to provide the requested records. However, it ordered the corporation to provide certain records to Mr. Sava at no cost.
Under:
CAT Decisions - Decision
Access to Records
Fees, Costs, Penalties
Verdict:
The Tribunal's decision underscores the importance of transparency and cooperation between condominium corporations and unit owners. While unit owners have a right to access certain records, condominium corporations are entitled to charge reasonable fees for their production. However, corporations must make genuine efforts to provide requested records, and failure to do so without a reasonable excuse may result in penalties.
Takeaways:
Reasonable fees: Condominium corporations can charge reasonable fees for producing non-core records for examination, but these fees should reflect actual labor and delivery costs.
Reasonable excuse: If a condominium corporation is unable to provide requested records due to genuine reasons, such as records being missing despite efforts to locate them, it may not be considered a refusal without a reasonable excuse.
Director training: Ordering a condominium corporation's board of directors to retake training courses is not warranted unless there is evidence of ignorance, willful disregard, or a need for a refresher on their responsibilities under the Condominium Act.
Recommendations:
Condominium corporations should ensure they have efficient record-keeping systems in place to promptly respond to records requests from unit owners. It's also important for both parties to communicate effectively and resolve disputes amicably whenever possible to avoid unnecessary legal proceedings.