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Sayed Bukhari v Wentworth Condominium Corporation No.10 - 2020 ONCAT 4 - 2020-02-27

Corporation:

SBWCC 10

Date:

2020-02-27

Under:

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

Summary:

The case of Sayed Bukhari v Wentworth Condominium Corporation No. 10 involves a dispute over access to condominium corporation records, as governed by the Condominium Act 1998. The tribunal ordered that several records requested by the unit owner be provided by the corporation, including records of notices relating to leases, periodic information certificates, and minutes of board meetings. However, the corporation was also found to be entitled to charge a fee for preparing some of the records. No penalty or costs were ordered against the corporation. The case highlights the importance of understanding obligations under the Condominium Act in providing access to records and the limitations of certain requests.

Verdict:

the quick verdict is that the unit owner was entitled to certain records from the Wentworth Condominium Corporation No. 10, including records of leases, periodic information certificates, and minutes of board meetings. However, a fee of $31.50 per hour was imposed for the preparation of board minutes, up to a maximum of five hours. No penalty or costs were ordered against the condominium corporation. The lesson from this case is that condominium corporations have obligations to provide access to records under the Condominium Act, but they can impose reasonable fees for certain services, such as preparing meeting minutes.

Takeaways:

Access to records: The case highlights the importance of unit owners' entitlement to access records from the condominium corporation under Section 55 of the Condominium Act 1998. Unit owners have the right to request records, and the condominium corporation must provide them in a timely manner.

Reasonable fees for record preparation: The case also underscores the authority of the condominium corporation to charge reasonable fees for the preparation of certain records. In this case, a fee of $31.50 per hour for the preparation of board minutes was deemed reasonable, subject to a maximum of five hours.

Redacted and incomplete records: The applicant argued that some of the provided records were either incomplete or excessively redacted. This highlights the importance of transparency and ensuring that records provided to unit owners are accurate, complete, and not overly redacted.

Recommendations: 

Improve the transparency and completeness of records: Based on the case, it is recommended that Wentworth Condominium Corporation No. 10 (WCC 10) ensures that the records provided to unit owners are complete and not overly redacted. This will help to satisfy owner requests and avoid disputes.

Clarify fees for record preparation: It is recommended that WCC 10 clarifies and establishes a clear policy regarding the fees charged for the preparation of records. This will avoid disputes and provide clarity to unit owners regarding the costs associated with accessing certain records.

Enhance communication with unit owners: To improve transparency and address concerns about governance and financial affairs, WCC 10 should consider enhancing its communication with unit owners. This can include providing regular updates, hosting information sessions, and creating a platform for owners to ask questions and voice concerns.

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