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Suzanne Fishwick v Stormont Standard Condominium Corporation No. 25 - 2020 ONCAT 16 - 2020-05-15
Corporation:
SFSCC 25
Date:
2020-05-15
Summary:
In the case of Suzanne Fishwick v. Stormont Standard Condominium Corporation No. 25, a consent order was issued by CAT Member. The dispute centered around access to condominium records and their adequacy. The applicant sought access to various records held by the condominium corporation. After negotiations, the parties agreed to a resolution. The corporation provided all records in its possession, and both parties acknowledged that certain records were not produced due to the lack of cooperation from the declarant. The consent order confirmed the resolution, and each party agreed to cover their own costs. The order also stated that failure to comply with its terms could lead to enforcement through the Ontario Superior Court of Justice.
Under:
CAT Decisions - Consent Order
Access to Records
Adequacy of Records
Entitlement to Records
Records Retention
Verdict:
This case underscores the significance of ensuring access to condominium records, even amidst changes in management. It highlights the resolution of a records access dispute through a Consent Order where all available records were provided, and any missing records were attributed to the uncooperative actions of the original Declarant. It also emphasizes the principle that both parties should bear their own costs in such cases. Failure to comply with the Consent Order's terms can result in enforcement through the Ontario Superior Court of Justice.
Takeaways:
Consent Order Resolution: This case between Suzanne Fishwick and Stormont Standard Condominium Corporation No. 25 was settled through a Consent Order, indicating that both parties mutually agreed to a resolution.
Records Access Dispute: The dispute primarily revolved around the applicant's request for access to condominium records, which included the declaration, bylaws, rules, and financial documents.
Change in Management: During the course of the dispute, the management of the condominium corporation transitioned from being controlled by the Declarant to an independent management company.
Records Provided: The respondent, the condominium corporation, had provided all records in its possession to the applicant, ensuring access to essential documents.
Uncooperative Declarant: Some records were not produced due to the lack of cooperation from the original Declarant, who either did not turn over these records, did not respond to requests, or did not prepare the required documents.
Costs: The Consent Order specified that both parties would bear their own costs for the application.
Enforcement: The order highlighted that failure to comply with its terms could lead to enforcement through the Ontario Superior Court of Justice.
Recommendations:
Timely Records Transition: When a condominium transitions from declarant control to independent management, it is crucial that all records are promptly transferred. Recommendations should be made to regulatory authorities to ensure a smooth handover process, with strict timelines for record transfer.
Enforceable Consent Orders: To expedite dispute resolution and protect both parties, regulatory bodies should encourage the use of Consent Orders. These orders should be clearly drafted, specifying the obligations of each party, timelines for compliance, and mechanisms for enforcement.
Strengthen Record-Keeping Requirements: Regulatory authorities should consider enhancing record-keeping requirements for condominium corporations, declarants, and management companies. This would include specifying the types of records that must be maintained, and the duration for which they should be retained, to ensure transparency and accessibility for unit owners.