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Sunil Kainth v York Condominium Corporation No.506 - 2019 ONCAT 31 - 2019-08-27

Corporation:

SKYCC 506

Date:

2019-08-27

Under:

CAT Decisions - Decision
Access to Records
Adequacy of Records
Fees, Costs, Penalties

Summary:

In the case of Sunil Kainth v York Condominium Corporation No. 506, the applicant sought access to specific records from the condominium corporation, but the corporation failed to respond to his request as required by law. Consequently, the applicant applied to the Condominium Authority Tribunal (CAT). The tribunal found that the applicant was entitled to the requested records, including the condominium corporation declaration, by-laws, and rules. Additionally, a penalty of $2500 was imposed on the condominium corporation for its failure to provide the records without a reasonable excuse. The applicant was awarded costs of $150 for filing fees incurred in pursuing the case. The tribunal's decision emphasized the importance of condominium corporations fulfilling their legal responsibilities diligently and promptly.

Verdict:

In this case, a condominium unit owner, requested certain core records from York Condominium Corporation No. 506, which they failed to provide, leading to a penalty of $2,500. The tribunal emphasized the importance of timely and diligent responses to such requests by condominium corporations to fulfill their legal responsibilities under the Condominium Act, 1998. Additionally, the applicant was awarded $150 in costs, reflecting the filing fees incurred due to the corporation's failure to respond.




Takeaways:

Entitlement to Records: The case highlights that under the Condominium Act, 1998, unit owners have a clear entitlement to certain core records of their condominium corporation, including the declaration, by-laws, and rules, as these are essential documents governing condominium operations.

Failure to Respond: Condominium corporations are legally obligated to respond to requests for records promptly. In this case, the respondent, YCC 506, failed to respond to the applicant's request, which led to the initiation of proceedings at the Condominium Authority Tribunal.

Imposition of Penalties: The tribunal emphasized that condominium corporations can be penalized for failing to fulfill their legal responsibilities. YCC 506 was ordered to pay a penalty of $2500 for its refusal to provide the records without a reasonable excuse.

Awarding Costs: The tribunal has the discretion to award costs even when not specifically requested. In this case, the applicant was awarded $150 in costs, reflecting the filing fees incurred in pursuing the matter.

Encouraging Compliance: The decision underscores the importance of encouraging condominium corporations to diligently fulfill their obligations under the law and to promptly provide requested records to unit owners.

Recommendations: 

Compliance and Responsiveness: Condominium corporations should ensure compliance with legal obligations under the Condominium Act, 1998, including timely and responsive handling of requests for essential records by unit owners. Proactive compliance can help avoid penalties and unnecessary disputes.

Effective Communication: Effective communication between unit owners and condominium corporations is essential. In this case, the unit owner had difficulties obtaining records related to insurance claims, leading to unnecessary complications. Condominium corporations should strive for clear, transparent, and responsive communication with unit owners to facilitate the exchange of vital information.

Timely Participation in Legal Proceedings: Condominium corporations should actively participate in legal proceedings when required. Failure to engage in the tribunal processes can lead to adverse rulings, including penalties. It's in the best interest of all parties involved to engage in a timely and responsible manner in such proceedings to resolve issues efficiently.

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