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Terence Arrowsmith v Peel Condominium Corporation No. 94 - 2018 ONCAT 10 - 2018-11-13
Corporation:
TAPCC 94
Date:
2018-11-13
Summary:
In the case of Terence Arrowsmith v Peel Condominium Corporation No. 94 (2018 ONCAT 10), A unit owner, requested specific records from the condominium corporation. Peel Condominium Corporation No. 94 acknowledged his entitlement to the records but argued that he did not correctly complete the mandated Records Request Form. The Tribunal found that the unit owner was indeed entitled to the requested records, and PCC#94's objections were without merit. The Tribunal awarded the unit owner costs of $500, covering application expenses and time spent. Additionally, a penalty of $500 was imposed on PCC#94 for refusing to provide the records without reasonable excuse.
Under:
CAT Decisions - Decision
Access to Records
Verdict:
The Condominium Authority Tribunal ruled in favor of the applicant, a unit owner, ordering Peel Condominium Corporation No. 94 to provide him with requested records related to board meeting minutes and contracts for mold removal. The tribunal found that the applicant's requests were valid, and the condominium corporation's objections were without merit, imposing a penalty of $500 and awarding the applicant $500 in costs for the unnecessary dispute resolution process. The ruling emphasizes the importance of complying with records request procedures and discourages unfounded objections, imposing penalties for unjustified refusals.
Takeaways:
Records Entitlement Upheld: In the case of Terence Arrowsmith v Peel Condominium Corporation No. 94, the Condominium Authority Tribunal (CAT) ruled in favor of the applicant, affirming his entitlement to requested records under subsection 55(3) of the Condominium Act, 1998.
Form Completion Dispute: The tribunal addressed a dispute over the completion of the Records Request Form, with PCC#94 contending that the applicant had not correctly filled out the form. However, the CAT found that his completion was proper and in accordance with the regulations.
Costs and Penalty Awarded: Due to PCC#94's refusal without reasonable excuse, the tribunal directed the condominium corporation to pay the applicant $500 in costs, covering application expenses and time spent. Additionally, a penalty of $500 was imposed on PCC#94 for their conduct, emphasizing fairness and discouraging such behavior in the future.
Clarity in Records Request: The ruling underscores that while the applicant's request may have raised questions, it was the responsibility of PCC#94 to seek clarification before refusing to provide the records, emphasizing the importance of clear communication in such disputes.
Recommendations:
Ensure Proper Completion of Records Request Forms:
It is recommended that condominium corporations, such as Peel Condominium Corporation No. 94, review and establish clear procedures for the completion of Records Request Forms under the Condominium Act, 1998. This may involve providing guidance to unit owners on the correct methods of filling out the form, both online and in print, to avoid disputes based on form completion issues.
Encourage Communication for Clarification:
Encourage open communication between condominium corporations and unit owners during the records request process. In cases where the completeness or clarity of the request is in question, it is advisable for the condominium corporation to seek clarification from the unit owner before refusing the request. Clear communication can help prevent unnecessary disputes and legal proceedings.
Consideration of Penalties in Justified Cases:
Condominium corporations should exercise caution and prudence when refusing records requests, especially when there is no reasonable excuse for denial. This case highlights the discretion of the Tribunal to impose penalties in such situations. Therefore, it is recommended that condominium corporations carefully assess the merit of any objections raised and, when appropriate, consider providing requested records promptly to avoid penalties and associated costs