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Sharma v. Toronto Standard Condominium Corporation No. 2510 - 2022 ONCAT 3 - 2022-01-06
Corporation:
STSCC 2510
Date:
2022-01-06
Summary:
The case of Sharma v Toronto Standard Condominium Corporation No 2510 was brought before the Condominium Authority of Ontario to resolve disputes between a unit owner and the condominium corporation regarding records. The applicant had made several requests for records related to the condominium, and issues arose around the adequacy of the Section 461 Record, the refusal to provide unredacted proxies from the AGM, and the reasonableness of fees. The majority of the requested records were provided by the corporation, but certain issues remained in dispute. Ultimately, the Tribunal found that the Section 461 Record was inadequately kept and that the failure to keep an adequate record constituted a refusal to provide the record. The Tribunal also ordered the respondent to provide the unredacted proxies and granted an award of costs to the applicant. The case highlights the importance of maintaining accurate and comprehensive records, promptly responding to record requests and the potential consequences of failing to do so.
Under:
CAT Decisions - Decision
Access to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Verdict:
the quick verdict/lesson from the case of Sharma v Toronto Standard Condominium Corporation No 2510 is that condominium corporations are required to keep accurate and adequate records, and failure to do so can be considered a refusal to provide required records. Unit owners have the right to access certain records under the Condominium Act, and failure to comply with record requests can lead to penalties and awards of costs. This case emphasizes the importance of proper record-keeping and prompt response to record requests to avoid potential legal disputes.
Takeaways:
Unit owners have the right to access certain records under the Condominium Act. In this case, the applicant made several requests for records related to the condominium and had a right to access them.
It is important for condominium corporations to keep accurate and comprehensive records, particularly with respect to the Section 461 Record, which is required under the Act. The tribunal found that the section 461 record was not adequately kept and that this constituted a refusal to provide the record.
Tribunal decisions can result in orders for the respondent to provide records, and potential penalties for not complying. The tribunal ordered the respondent to provide unredacted proxies, granted an award of costs to the applicant, and found that the respondent's failure to keep an adequate record constituted a refusal to provide the record.
Recommendations:
Improve record-keeping practices: The case highlights the importance of accurate and comprehensive record-keeping for condominium corporations. It is recommended that Toronto Standard Condominium Corporation No 2510 enhance its record-keeping systems to ensure information is accurately recorded, updated, and easily accessible.
Strengthen transparency and communication: To address the deep distrust and acrimony between unit owners and the condominium corporation, it is recommended to improve transparency and communication. This can include regular updates to unit owners regarding the state of affairs, financial reports, and meeting minutes, as well as holding information sessions to address concerns and build trust.
Enhance compliance with statutory requirements: To avoid disputes and potential legal actions, the condominium corporation should ensure they fully comply with the requirements of the Condominium Act. This includes timely and accurate responses to requests for records, adherence to proper voting procedures during Annual General Meetings, and following all necessary legal and technical processes in accordance with the Act.