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Spanton v. York Condominium Corporation No. 244 - 2023 ONCAT 87 - 2023-07-13

Corporation:

SYCC 244

Date:

2023-07-13

Under:

CAT Decisions - Consent Order
Access to Records
Adequacy of Records
Records Retention

Summary:

The case, Spanton v York Condominium Corporation No. 244, involves a dispute between the applicant, and York Condominium Corporation No. 244, the respondent. The parties reached a consent order to settle the case at the Tribunal's Stage 3 - Tribunal Decision. The order includes provisions related to providing approved minutes of board meetings, monthly financial statements, addressing allegations of unrecorded items in meeting minutes, and reimbursing expenses incurred by Ms. Spanton. The order also states that non-compliance can be enforced through the Ontario Superior Court of Justice.

Verdict:

In the case of Spanton v. York Condominium Corporation No. 244, a Consent Order was issued, marking the resolution of the dispute between the parties. The order requires the condominium corporation to provide specific documents, such as approved board meeting minutes and financial statements, to the applicant, along with addressing items missing from previous meeting minutes. A reimbursement of $250 was awarded to the applicant for expenses incurred during the proceedings, and non-compliance with the order may lead to enforcement through the Ontario Superior Court of Justice. This case highlights the importance of consent orders in settling condominium disputes and ensuring access to essential records.

Takeaways:

In the case of Spanton v. York Condominium Corporation No. 244, the parties have reached a Consent Order, effectively resolving their dispute. Here are the key takeaways:

Resolution by Consent: The parties agreed to settle the dispute through a Consent Order, allowing the Condominium Authority Tribunal (CAT) to issue an order based on their agreement.

Document Disclosure: The order mandates that the condominium corporation (YCC 244) must provide the applicant with specific documents, including approved board meeting minutes and financial statements, from certain time periods.

Ongoing Disclosure: YCC 244 is also obligated to provide the applicant with minutes and financial statements for upcoming meetings and months.

Resolution of Discrepancies: Applicant can submit a list of items that she alleges were addressed by the board but not recorded in the minutes, and the board is required to address these allegations in subsequent meetings.

Reimbursement: YCC 244 is directed to reimburse the applicant with a sum of $250 to cover her expenses related to the proceedings.

Failure to comply with the order may result in enforcement through the Ontario Superior Court of Justice.




Recommendations: 

Compliance with Consent Order: Both parties, Liliana Spanton and York Condominium Corporation No. 244 (YCC 244), should ensure full compliance with the terms and conditions of the consent order. It's crucial to abide by the agreed-upon timelines and obligations as outlined in the order.

Document Organization: YCC 244 should organize and provide Ms. Spanton with the requested minutes of board meetings and financial statements promptly. Clear, organized, and well-labeled documentation can help streamline the process and ensure that Ms. Spanton receives the necessary information efficiently.

Timely Updates: YCC 244 should make it a priority to provide Ms. Spanton with the minutes of board meetings and financial statements for the upcoming three months (July, August, and September 2023) as soon as they are prepared, ensuring compliance with the order's deadlines.

Addressing Alleged Omissions: YCC 244 should take Ms. Spanton's concerns regarding alleged omissions in board meeting minutes seriously. If Ms. Spanton provides a list of items that she alleges were addressed but not recorded in the minutes, YCC 244 should address these items in the next board meeting.

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