top of page
White Columns
< Back

Traicheff v. York Condominium Corporation No. 43 - 2024 ONCAT 1 - 2024-01-02

Corporation:

TYCC 43

Date:

Tue Jan 02 2024 05:00:00 GMT+0000 (Coordinated Universal Time)

Under:

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

Summary:

In Traicheff v. York Condominium Corporation No. 43, the Condominium Authority Tribunal (CAT) addressed records disputes. The applicant sought various records from York Condominium Corporation No. 43, and the tribunal assessed issues including the provision of records, appropriateness of redactions, and whether a penalty was warranted. The Respondent faced challenges in understanding its statutory obligations. The tribunal ordered completion of training for the board, penalties, and reimbursement of CAT filing fees to the successful applicant.

Verdict:

Failure to comprehend and fulfill statutory obligations regarding record provision may result in penalties and training mandates for condominiums.

Takeaways:

Statutory Understanding: Condominiums should have a thorough understanding of their statutory obligations concerning records provision.
Training Mandate: The tribunal mandated training for the board, emphasizing the importance of education on corporate records.
Reasonable Excuse: Refusal to provide records without a reasonable excuse may lead to penalties, highlighting the significance of compliance.

Recommendations: 

Educational Programs: Condominium boards should actively engage in educational programs to enhance their understanding of statutory responsibilities.
Improved Communication: Establish clear communication channels between condominium managers and owners to avoid delays and misunderstandings in record provision.
Regular Compliance Audits: Conduct regular audits to ensure compliance with record provision requirements, avoiding potential penalties.

bottom of page