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Walsh v. Simcoe Standard Condominium Corporation No. 432 - 2023 ONCAT 34 - 2023-03-01

Corporation:

WSSCC 432

Date:

2023-03-01

Under:

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

Summary:

In the case of Walsh v Simcoe Standard Condominium Corporation No 432, the applicant requested certain condominium records from the respondent. The respondent denied access to some records, citing privacy concerns. The applicant filed a case with the Condominium Authority Tribunal (CAT). The CAT determined that the applicant was not entitled to certain records, such as forms to install video cameras and electronic door locks, which would require extensive redaction. However, the CAT found that the respondent had initially refused to provide other records related to compliance infractions, cleaning charges, and rental attachments without a reasonable excuse. The CAT awarded a penalty to the applicant and ordered the respondent to reimburse the applicant for fees and pay compensation.

Verdict:

Quick Verdict/Lesson:

In this case, the condominium corporation initially refused to provide certain records to the owner without a reasonable excuse. The tribunal ruled in favor of the owner, highlighting the importance of adhering to the Condominium Act's requirements for record disclosure. Condominium corporations should understand the distinction between core and non-core records, provide records promptly when required, and clearly cite relevant provisions of the Act when refusing access to records. Failure to comply with these regulations can lead to penalties and costs incurred by the owner.

Takeaways:

Key Takeaways:

Condominium corporations in Ontario must provide owners with access to certain records in accordance with the regulations.
Core records, such as board meeting minutes held within twelve months of a request, should be provided without charging a fee.
Records related to specific units or owners may be exempt from disclosure under section 55(4)(c) of the Condominium Act.
Refusing to provide records without a reasonable excuse may result in penalties.
Condominium corporations should be clear about the specific provisions of the Act they rely on when refusing access to records.

Recommendations: 

Recommendations:

Condominium corporations should ensure they are familiar with the Condominium Act and its requirements for record disclosure.
When responding to record requests, cite the specific provisions of the Act that justify any refusals, and be clear in communication.
Promptly provide core records without charging fees, and be aware of any exemptions related to specific unit or owner information.
Avoid unnecessary delays in providing records to owners to prevent disputes and penalties.
Condominium corporations should prioritize compliance with the Condominium Act to avoid legal complications and financial penalties.

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