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Wlodarczyk v. Metropolitan Toronto Condominium Corporation No. 1359 - 2022 ONCAT 50 - 2022-05-16

Corporation:

WMTCC 1359

Date:

2022-05-16

Under:

CAT Decisions - Consent Order
Access to Records

Summary:

In the case of Wlodarczyk v. Metropolitan Toronto Condominium Corporation No. 1359, a Consent Order was issued on May 16, 2022, under section 1.47 of the Condominium Act, 1998. The Applicant sought access to certain records and clarity on responsibilities related to repairs and maintenance. The Respondent, Metropolitan Toronto Condominium Corporation No. 1359, agreed to resolve the dispute through mediation.

As part of the Consent Order, the condominium corporation agreed to provide the Applicant with redacted proxy forms from a specific meeting, respond to record requests as required by the Condominium Act, create a table outlining responsibilities for repairs and maintenance, and distribute this table to all owners as part of the next annual general meeting's Notice of Meeting package. The order stipulated that non-compliance could be enforced through the Ontario Superior Court of Justice.

Verdict:

In the case of Wlodarczyk v. Metropolitan Toronto Condominium Corporation No. 1359, the parties reached a Consent Order through mediation, emphasizing the importance of access to records and compliance with the Condominium Act. The condominium corporation agreed to provide the requested records, create a table outlining responsibilities, and distribute it to owners. This case underscores the significance of transparent communication and adherence to legal requirements within condominium governance.

Takeaways:

Consent Order Resolution: The case was resolved through a Consent Order, indicating that the involved parties, the applicant and the respondent agreed to settle the dispute amicably.

Records Access: The Applicant sought access to specific records, particularly proxy forms related to a meeting. The Consent Order required the condominium corporation to provide these records within ten days, redacted to protect privacy, and at no cost to the Applicant.

Compliance with Condominium Act: The Consent Order emphasized that the condominium corporation should respond to record requests and provide records in accordance with the requirements of the Condominium Act, 1998, highlighting the importance of adhering to legal obligations.

Clarity on Responsibilities: The condominium corporation agreed to create a table detailing the responsibilities of both the corporation and unit owners regarding the repair and maintenance of units and common elements. This information would be distributed to all owners as part of the Notice of Meeting package for the next annual general meeting.

Enforcement Mechanism: The Consent Order stipulated that any failure to comply with its terms could be enforced through the Ontario Superior Court of Justice, ensuring accountability and adherence to the agreed-upon resolutions.

Recommendations: 

Promote Mediation: Encourage the use of mediation as a means of resolving disputes within condominiums, as it can lead to mutually agreeable solutions and prevent costly legal proceedings.

Ensure Access to Records: Condominium corporations should readily provide owners with access to records as required by the Condominium Act, fostering transparency and accountability.

Clarify Responsibilities: Create and distribute clear tables outlining the respective responsibilities of the condominium corporation and owners for repairs and maintenance, enhancing understanding and cooperation within the condominium community.

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