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Sava v. York Condominium Corporation No. 386 - 2022 ONCAT 52 - 2022-05-17

Corporation:

SYCC 386

Date:

2022-05-17

Under:

CAT Decisions - Decision
Access to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties

Summary:

The case reported as Sava v York Condominium Corporation No. 386 (2022 ONCAT 52) involves an application, a unit owner, for access to records of York Condominium Corporation No. 386 (YCC386), under section 55 of the Condominium Act, 1998. The application seeks records related to a special assessment and its refund, as well as copies of written responses to the applicant's requests for repair and investigation of property damage. The decision finds that the applicant is not entitled to the records he requested for the repair and investigation requests, as there is no evidence that YCC386 created the records. It is also found that YCC386 is not obligated to create records of responses to the requests. The decision also concludes that the records being sought by the applicant related to the special assessment and refund do not exist, and therefore, he is not entitled to them. The decision awards filing fees and cost to the applicant, but rejects his claim for a penalty.

Verdict:

the quick verdict/lesson from the case Sava v York Condominium Corporation No. 386 (2022 ONCAT 52) is that unit owners in condominiums have the right to access records of the condominium corporation under section 55 of the Condominium Act, 1998. However, this right is subject to limitations, such as the requirement that the records must actually exist. In this case, the applicant, Lucian Sava, was not entitled to certain records related to repair and investigation requests because they were not created or did not exist. Additionally, the tribunal did not award a penalty for the corporation's failure to keep adequate records, emphasizing the importance of maintaining accurate and complete records in compliance with the Condominium Act.

Takeaways:

Unit owners in condominiums have the right to access records of the condominium corporation under section 55 of the Condominium Act, 1998. However, this right is subject to limitations, such as the requirement that the records must actually exist.

In this case, the applicant was seeking access to records related to a special assessment and its refund, as well as copies of written responses to his requests for repair and investigation of property damage. The tribunal found that the applicant was not entitled to the records related to repair and investigation requests, as there was no evidence that the corporation had created them. Additionally, the tribunal found that the records related to the special assessment and refund that the applicant was seeking did not exist.

The tribunal ordered that filing fees and costs be paid to the applicant, but rejected his claim for a penalty for the corporation's failure to keep adequate records. The decision highlights the importance of maintaining accurate and complete records in order to comply with legal obligations under the Condominium Act.

Recommendations: 

Review and improve record-keeping practices: Condominium corporations should review their record-keeping practices to ensure that they are keeping accurate and complete records in compliance with the Condominium Act, 1998. It is important to have a system in place to create and maintain records related to specific units or owners, as required by the Act.

Respond promptly and in writing to repair and investigation requests: Condominium corporations should ensure that they have a process in place to promptly respond to repair and investigation requests from unit owners. It is advisable to create written responses and maintain a record of these responses to demonstrate proper communication and documentation.

Consider the legal implications and potential penalties: When responding to requests for records, condominium corporations should understand the legal obligations outlined in the Condominium Act, 1998, and Ontario Regulation 4801. It is important to be aware that the Tribunal cannot order the production of records that do not exist, and penalties for inadequate record-keeping are not explicitly provided for in the Act. However, keeping accurate and complete records can help avoid potential disputes and legal issues.

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