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York Condominium Corporation No. 138 v. Himanshu, Kaul

Corporation:

​

Date:

2024-11-29

Summary:

This case involves a condo unit owner who requested certain records from the condo corporation but was denied. The Condo Authority Tribunal (CAT) determined that the corporation failed to meet its obligations under the Condominium Act and ordered the corporation to provide the requested records, pay a penalty, and reimburse the owner's legal fees.

Under:

Records, Condominium Authority Tribunal (CAT), Ontario Condominium Act

Verdict:

The Condo Authority Tribunal ruled in favour of the unit owner, ordering the condo corporation to provide the requested records, pay a $2,000 penalty, and reimburse the owner's $200 tribunal fees. This case highlights the importance of condo corporations complying with their record-keeping and disclosure obligations under the Condominium Act.

Takeaways:

- Condominium corporations are required by law to provide certain records to unit owners upon request.
- Failure to comply with these obligations can result in penalties and the requirement to reimburse the owner's legal fees.
- Condominium corporations should ensure they understand and follow the record-keeping and disclosure requirements under the Condominium Act.

Recommendations: 

- Condominium corporations should be familiar with the record-keeping and disclosure requirements under the Condominium Act and ensure they are in compliance.
- If a record request is made by a unit owner, condominium corporations should respond in a timely and appropriate manner to avoid potential penalties and legal fees.
- Condominium corporations should seek legal advice if they are unsure about their obligations under the Condominium Act.

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