top of page
White Columns
< Back

Smith v. Peterborough Condominium Corporation No. 38 - 2023 ONCAT 153 - 2023-10-23

Corporation:

SPCC 38

Date:

Mon Oct 23 2023 00:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Consent Order
Adequacy of Records
Fees, Costs, Penalties

Summary:

In the case of Smith v. Peterborough Condominium Corporation No. 38, a Consent Order was issued on October 23, 2023, under section 1.47 of the Condominium Act, 1998. The dispute, centered around the adequacy of records, fees, costs, and penalties, was resolved through Stage 2 - Mediation. The Respondent, Peterborough Condominium Corporation No. 38, agreed to specific actions, including providing redacted Board Meeting Minutes, explanations for redactions, and required training for current Board Members. The Consent Order also mandated the Respondent to reimburse the Applicant for Tribunal filing fees.

Verdict:

In the case of Smith v. Peterborough Condominium Corporation No. 38, the dispute over the adequacy of records was settled through a Consent Order in Stage 2 - Mediation. The order includes provisions for the respondent to provide specific documentation, ensure compliance with the Condominium Act, 1998, and pay the applicant $75.00 for Tribunal filing fees. The lesson underscores the effectiveness of mediated settlements in resolving condominium disputes and emphasizes the importance of transparency and adherence to regulatory requirements.

Takeaways:

Consent Resolution: The case between the Applicant, and Peterborough Condominium Corporation No. 38, the Respondent, was settled through a Consent Order in Stage 2 - Mediation of the Condominium Authority Tribunal (CAT) online dispute resolution system.

Redaction Acknowledgment: The Respondent agrees to provide the Applicant with a written confirmation that the Board Meeting Minutes from July 7, 2022, to April 23, 2023, were redacted without meeting all the requirements of the Condominium Act, 1998, and its Regulations. An accompanying statement explaining each redaction, citing relevant sections of the Act, is also required.

Board Member Education: The Respondent commits to having all current Board Members review specified documents, including guides on overseeing condo managers, finance, governance, condominium corporation records, and annual requirements.

Tribunal Filing Fee Reimbursement: The Respondent will issue a $75.00 cheque to the Applicant within 30 days, covering Tribunal filing fees.

Enforcement and Non-Confidentiality: Any non-compliance with the Consent Order terms can be enforced through the Ontario Superior Court of Justice, and the settlement terms are not treated as confidential.

Recommendations: 

Enhanced Transparency and Compliance Training:

Encourage Peterborough Condominium Corporation No. 38 (PCC No. 38) to prioritize transparency in its record-keeping practices. This includes a thorough review of the redaction process for Board Meeting Minutes and compliance with the Condominium Act, 1998 and its Regulations. Additionally, given the consent order's requirement for current Board Members to review specific documents within 60 days, consider recommending a broader training program for all board members on governance, finance, and best practices. This proactive approach will contribute to improved compliance and transparency within the condominium corporation.
Implementation of Best Practices Guides:

Recommend that PCC No. 38 implements the best practices outlined in the documents specified in the consent order, such as the CAO Best Practices Guide on Overseeing Condo Managers, Finance, and Governance. These guides provide valuable insights into industry standards and compliance measures. Incorporating these best practices will contribute to efficient condominium management, proper record-keeping, and adherence to the Condominium Act. Regular training and updates on these guides can ensure continuous improvement in the corporation's operations.
Ongoing Communication and Education:

Advocate for ongoing communication and education initiatives between the condominium corporation and unit owners. This can include regular updates on changes to procedures, records access, and compliance measures. Providing unit owners with clear information about redactions made in meeting minutes and the reasons behind them can foster trust and transparency. Encourage PCC No. 38 to establish effective communication channels, such as newsletters or information sessions, to keep unit owners informed about governance practices and any changes in procedures. A well-informed community is essential for maintaining a positive relationship between the condominium corporation and its members.

bottom of page