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Shaheed Mohamed v York Condominium Corporation No. 414 - 2018 ONCAT 3 - 2018-06-07

Corporation:

SMYCC 414

Date:

2018-06-07

Summary:

This is a case summary for Shaheed Mohamed v. York Condominium Corporation No. 414 before the Condominium Authority of Ontario. Mohamed sought certain records from his condominium corporation, including the record of owners and mortgagees. The condominium corporation demanded a fee which the applicant claimed was not in compliance with the law. The tribunal found that the applicant was entitled to all of the requested records and that the demanded fee was indeed noncompliant with the regulations under the Condominium Act 1998. The case dealt with issues regarding access to records, entitlement to records, and appropriate fees for providing records, and the decision further highlights the importance of adherence to proper fee regulations when providing records to unit owners. Overall, the decision ordered the production of all requested records to the applicnt and ordered costs and penalty in favor of the Applicant due to the lack of cooperation and conduct of the Respondent in this regard.

Under:

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

Verdict:

The quick verdict from Shaheed Mohamed v. York Condominium Corporation No. 414 is that the applicant is entitled to all requested records, including the record of owners and mortgagees, under the Condominium Act 1998. The tribunal found that the demanded fee for records by the respondent was noncompliant with the law, highlighting the importance of adhering to proper fee regulations. Costs and a penalty were also ordered in favor of Mohamed due to the respondent's lack of cooperation and conduct. The lesson from this case is that condominium unit owners have the right to access specific records, and condominium corporations should comply with the law and properly communicate any applicable fees.

Takeaways:

Entitlement to Records: The tribunal concluded that the spplicsnt was entitled to all requested records, including the record of owners and mortgagees, as per the Condominium Act 1998. This indicates that condominium unit owners have the right to access certain records held by their condominium corporation.

Improper Fee Demand: The tribunal found that the Respondent's demand for a fee for the requested records was not compliant with the law. Although the Respondent was entitled to charge a fee, the actual fee demanded was deemed inappropriate. Therefore, this decision emphasizes the importance of condominium corporations adhering to proper fee regulations when providing records to unit owners.

Costs and Penalty: Due to the lack of cooperation and conduct on the part of the Respondent regarding the request for records, the tribunal ordered costs and a penalty in favor of the applicant. This highlights the consequences that can be imposed on condominium corporations for noncompliance and improper conduct in relation to record requests.

Recommendations: 

Comply with the Condominium Act 1998: Ensure that the condominium corporation follows the provisions of the Condominium Act 1998 when it comes to granting access to records and requesting fees. In this case, the tribunal found that the demanded fee by the respondent was noncompliant with the law. It is essential to familiarize yourself with the regulations to avoid potential penalties or disputes.

Promptly respond to records requests: When a unit owner submits a request for records, it is crucial for the condominium corporation to respond promptly and provide the requested documents in a timely manner. In this case, the respondent failed to provide all the records requested by the applicant, leading to tribunal proceedings. By responding promptly, it helps maintain transparency and fosters a positive relationship with unit owners.

Train staff on record-keeping and access procedures: To ensure compliance with the law and the prompt delivery of records, it is recommended to provide training to staff members involved in record-keeping and responding to access requests. This will help them understand their obligations, the proper procedures to follow, and the importance of maintaining accurate records. Regular training sessions can help prevent misunderstandings or noncompliance issues in the future.

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