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

Corporation:

​

Date:

2025-03-19

Summary:

The case arose from a dispute between a condo owner and the condominium corporation over the owner's request for certain records. The Condominium Authority Tribunal (CAT) of Ontario ruled that the corporation was required to provide the requested records, except for those deemed irrelevant or personal.

Under:

Records

Verdict:

The tribunal's decision underscores the importance of proper record-keeping and timely response to records requests by condo corporations. It also highlights the balance that must be struck between access to information and protection of personal information.

Takeaways:

- Condo corporations are obligated to maintain and provide access to certain records as per the Condominium Act.
- The tribunal can order a condo corporation to provide specific records requested by an owner but can exclude those which involve personal information or are irrelevant.
- Condo corporations can be ordered to pay penalties for failing to comply with their record-keeping and access obligations.

Recommendations: 

- Condo boards and managers should ensure they are familiar with their legal obligations regarding record-keeping and access under the Condominium Act.
- They should respond promptly and adequately to record requests from owners, while also ensuring that personal information is adequately protected.
- Consulting legal counsel in the event of a dispute over record access may be beneficial to ensure compliance with the law and avoid penalties.

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