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Choose your role:
Yeung v. Metropolitan Toronto Condominium Corporation No. 1136 - 2020 ONCAT 33 - 2020-09-18
Corporation:
YMTCC 1136
Date:
2020-09-18
Summary:
The case of Yeung v Metropolitan Toronto Condominium Corporation No 1136 involved a dispute regarding the adequacy of records under subsection 55(1) of the Condominium Act 1998. The applicant sought the determination of whether the respondent had failed to keep adequate records with respect to the January 2017 minutes of the meeting. The tribunal ruled in favor of the applicant, concluding that the respondent had failed to keep adequate records as required by the Act. The tribunal also ordered that the respondent correct the errors in the January 2017 minutes, but did not award a penalty. The case highlights the importance of maintaining accurate and complete records as required by the Condominium Act and the potential consequences of failing to do so. It also emphasizes the role of tribunals in addressing disputes related to the adequacy of records in condominium corporations.
Under:
CAT Decisions - Decision
Adequacy of Records
Fees, Costs, Penalties
Verdict:
the quick verdict in this case is that the Respondent, Metropolitan Toronto Condominium Corporation No 1136, failed to keep adequate records under subsection 55(1) of the Condominium Act with respect to the January 2017 Minutes. The Tribunal ordered the Respondent to correct the errors in the minutes but did not award a penalty. The lesson from this case is the importance of maintaining accurate and complete records as required by the Condominium Act, as failure to do so can result in disputes and legal consequences.
Takeaways:
Importance of Accurate Records: The case highlights the importance of maintaining accurate and up-to-date records as required by the Condominium Act 1998, particularly regarding board and owners' meetings. Failure to keep adequate records can result in disputes and legal action.
Role of the Tribunal: The case illustrates the role of the Condominium Authority Tribunal in addressing disputes related to the adequacy of records in condominium corporations. The Tribunal has the authority to hear disputes concerning subsection 55(1) of the Act and make orders under section 144.
Right to Access Information: Unit owners have the right to access certain records that condominium corporations are required to maintain under the Act. In this case, the Tribunal ordered the Respondent to correct errors in the January 2017 minutes and found that the Respondent had failed to keep adequate records under subsection 55(1) of the Act.
Recommendations:
Improve Record-Keeping Practices: The case highlights the importance of maintaining accurate and complete records in accordance with the Condominium Act. It is recommended that the Respondent, Metropolitan Toronto Condominium Corporation No 1136, review and enhance their record-keeping practices to ensure compliance with subsection 55(1) of the Act. This can include implementing standardized procedures, utilizing appropriate documentation software, and regularly reviewing and updating records.
Enhance Communication and Transparency: In this case, the dispute arose due to inadequate documentation of decision-making processes. To avoid such conflicts in the future, it is recommended that the Respondent emphasize effective communication and transparency within the condominium corporation. This can involve clearly documenting and disseminating decisions made during board meetings, ensuring that all important information is recorded accurately and accessible to relevant parties.
Seek Legal Advice and Compliance: Given the involvement of multiple applications and complaints filed against the Respondent in this case, it is recommended that the condominium corporation seek legal advice to ensure compliance with all applicable laws and regulations. Engaging legal counsel with expertise in condominium matters can help ensure proper procedures are followed, assist in understanding obligations under the Condominium Act, and provide guidance on record-keeping best practices.