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Choose your role:
William Siudak v Wentworth Condominium Corporation No. 171 - 2019 ONCAT 43 - 2019-10-16
Corporation:
WSWCC 171
Date:
2019-10-16
Summary:
In the case of William Siudak v Wentworth Condominium Corporation No. 171, the Condominium Authority Tribunal (CAT) granted the Respondent's motion to dismiss the case. The Applicant, who was initially entitled to access condominium records, sold his unit before the case was concluded. Under the Condominium Act, a person must be an owner at the time of both the record request and its examination. The CAT cited previous cases (Nassios, Senchire, Varadi) with similar circumstances and concluded that the Applicant lost his standing to continue the case when he sold his unit. The Applicant's intention to share records with current owners did not establish him as an authorized agent for them, and any current owners seeking records must make their individual requests to the corporation.
Under:
CAT Decisions - Dismissal Order
Verdict:
Quick Verdict:
The CAT granted the Respondent's motion and dismissed the case brought by the Applicant. The Applicant, who was initially a unit owner when filing the case, lost standing after selling the unit. Access to condominium records is granted to owners, purchasers, mortgagees, or their authorized agents, and the status must be maintained throughout the process.
Lesson:
To pursue a case related to condominium records, an individual must retain their status as an owner, purchaser, or mortgagee until the case's conclusion. The Act's provisions on record access require the individual's eligibility to access and obtain records, and selling the unit before case resolution results in a loss of standing.
Takeaways:
Standing and Condominium Records: The case highlights the importance of standing in condominium record access cases. The Condominium Act, 1998 specifies that to access condominium records, an individual must be an owner, a purchaser, or a mortgagee of a unit.
Loss of Standing: The CAT emphasized that the person requesting records must maintain their status as an owner throughout the process, from the initial request to the examination or obtaining of records. If a unit is sold during the case, the person loses their standing to continue it.
Intent and Sharing Records: The intent behind the record request, such as sharing records with current owners, does not establish an individual as an authorized agent. Current owners should make individual requests if they wish to access records.
Response Timing: Delays in record responses should not be used as a tactic to prevent a unit owner's access to records. Condominium corporations are obligated to provide access to records, and pending unit sales should not be an excuse for delays.
Consistency in Decisions: The CAT referred to previous decisions (Nassios, Senchire, Varadi) that were consistent in dismissing cases when the unit owners sold their units, reinforcing the importance of maintaining owner status throughout the process.
Recommendations:
Maintain Status: Individuals seeking access to condominium records under the Condominium Act, 1998 should ensure they maintain their status as an owner, purchaser, or mortgagee of the unit throughout the process, from the initial request to the case's conclusion. Selling the unit can lead to a loss of standing.
Clearly Defined Agency: To act as an agent for others, especially if the intent is to request records on behalf of multiple homeowners, ensure that agency is duly authorized in writing and clearly defined. Without proper authorization, the Act may not recognize the person as an authorized agent.
Timely Request and Response: Requesters should be proactive in making their requests for records and corporations should respond in a timely manner. Delays in responding may lead to disputes, and the Act requires responses within specified timeframes. Avoiding timely responses may not be in compliance with the Act's requirements and obligations.