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Tartakovsky‑Guilels v. York Region Condominium Corporation No. 829

Corporation:

Date:

2025-03-07

Summary:

This case involves a condominium owner (the Applicant) requesting access to certain records of the condominium corporation (the Respondent). The dispute arose after the Respondent did not provide the requested records within the timeframe stipulated by the Condominium Act, 1998.

Under:

Records, Access to Information

Verdict:

The Tribunal ordered the Respondent to provide the Applicant with the requested records and pay a penalty for non-compliance with the Act. This case emphasizes the importance of prompt and complete responses to records requests to avoid disputes and penalties.

Takeaways:

- Condominium corporations are obligated to provide access to specific records as per the Condominium Act, 1998.
- Delays in providing the requested records beyond the timeframe stipulated by the Act could lead to disputes and penalties.
- The Condominium Authority Tribunal has the power to order the provision of records and impose penalties for non-compliance.

Recommendations: 

- Condominium boards should familiarize themselves with the Condominium Act, 1998, particularly the provisions related to access to information and records.
- Condominium boards should ensure they have a system in place to respond to records requests promptly and completely.
- Boards should consider seeking legal advice when unsure about the scope of their obligations under the Act.

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