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Tharani Holdings Inc. v Metropolitan Toronto Condominium Corporation No. 812 - 2019 ONCAT 3 - 2019-02-19

Corporation:

THIMTCC 812

Date:

2019-02-14

Under:

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

Summary:

The case of Tharani Holdings Inc. v Metropolitan Toronto Condominium Corporation No. 812 involved an application made by the Applicant for two sets of records from the Respondent - a set of core records and the minutes of owners' meetings. Despite the Applicant's requests, the Respondent failed to respond or provide the requested records. As a result, the Applicant sought a penalty under section 1.44(6) of the Condominium Act. The adjudicator concluded that the Applicant was entitled to receive both the core records and the minutes of owners' meetings. It was determined that the Respondent had no reasonable excuse for not providing the records, resulting in a penalty of $2000 to be paid by the Respondent.

Verdict:

In this case, the applicant requested core records and minutes of owners' meetings from Metropolitan Toronto Condominium Corporation No. 812. The condominium corporation failed to provide the requested records without a reasonable excuse, resulting in a penalty of $2000. This case highlights the importance of timely and compliant record-keeping by condominium corporations.


Takeaways:

The Applicant requested two sets of records from the Respondent - a set of core records and the minutes of owners' meetings. However, the Respondent failed to respond or provide the requested records.
The adjudicator concluded that the Applicant was entitled to receive both the core records and the minutes of owners' meetings under the Condominium Act.
The Respondent's lack of response and failure to provide the records without a reasonable excuse resulted in a penalty of $2000 being imposed on the Respondent.
The Applicant's request for records was clear, and there was no evidence of a reasonable excuse provided by the Respondent for not providing the records.
The penalty imposed on the Respondent aims to encourage condominium corporations to take their legal responsibilities seriously and respect the values of fair and timely dispute resolution.

Recommendations: 

Ensure timely and compliant record-keeping: It is crucial for condominium corporations to maintain proper record-keeping practices to be able to provide owners with the requested records without a reasonable excuse. Failure to do so can result in a penalty being imposed.

Be responsive to requests: Responding to requests, acknowledging receipt, and providing the requested records on time is essential for the effective management of a condominium corporation. Failing to do so may result in unnecessary legal disputes and penalties.

Seek legal advice: If a condominium corporation is unsure of its legal obligations or how to respond to requests for records, it is recommended that they seek legal advice. Doing so can help prevent disputes and penalties resulting from a failure to meet legal requirements.

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