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Shoom v York Region Standard Condominium Corporation No. 1090 - 2022 ONCAT 145 - 2022-12-21

Corporation:

SYRSCC 1090

Date:

2022-12-21

Summary:

The case mentioned in the provided link is titled "Shoom v York Region Standard Condominium Corporation No 1090" and involves a dispute between a unit owner, and the condominium corporation. The applicant requested records regarding cleanliness, security, repairs, and water issues in the common elements of the condominium. The condominium corporation argued that the applicant's request was for an improper purpose and that producing the records would be burdensome. The Condominium Authority Tribunal concluded that the applicant is entitled to the requested records, subject to redactions and exceptions outlined in the Condominium Act. The tribunal determined that the condominium corporation can charge a reasonable fee for the production of records, but it should be significantly lower than initially quoted. No penalty or costs were awarded to either party.

Under:

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

Verdict:

Based on the information provided, the quick verdict of the case "Shoom v York Region Standard Condominium Corporation No 1090" is that the applicant is entitled to the requested records regarding cleanliness, security, repairs, and water issues in the common elements of the condominium. The condominium corporation can charge a reasonable fee for the production of records, but it should be significantly lower than initially quoted. No penalty or costs were awarded to either party.

Takeaways:

Takeaways:

Unit owners have a general entitlement to examine or obtain copies of condominium corporation records, subject to exceptions and regulations.
Condominium corporations can charge a reasonable fee for producing requested records, but the fee should be proportionate to the work involved.
Requests for records should be specific, and the purpose of the request should be related to the requestor's interests as an owner.
The tribunal may order the production of records and may require redactions or exceptions as outlined in the Condominium Act.
It is important for both parties to present evidence and arguments to support their positions during the hearing process.

Recommendations: 

Recommendations:

Condominium corporations should be aware of their obligation to permit unit owners to examine or obtain copies of condominium corporation records, subject to exceptions and regulations outlined in the Condominium Act.
When responding to records requests, condominium corporations should ensure that the requested records are provided in a timely manner and are responsive to the specific requests made.
Unit owners should be clear and specific in their records requests, outlining the time period and relevant sources of records to avoid any misunderstandings or delays in the production of records.

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