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Choose your role:
Zhou v. Metropolitan Toronto Condominium Corporation No.1107 - 2021 ONCAT 126 - 2021-12-27
Corporation:
ZMTCC 1107
Date:
2021-12-27
Summary:
This case involves a unit owner's request for 17 records or sets of records from Metropolitan Toronto Condominium Corporation No. 1107. The request was made under the Condominium Act 1998, and the hearing was conducted in writing and through multiple video conferences. The tribunal found that the Respondent had a reasonable excuse for not providing certain requested records, citing exceptions outlined in section 55(4) of the Act and common law privilege. However, in instances where the records did not exist or were not provided to the Respondent by their management company, Affable, the tribunal found that the Respondent did not have a reasonable excuse for not producing the records requested. The tribunal ordered the Respondent to pay a penalty of $800 and costs of $200 to the Applicant to cover filing fees paid to the Tribunal by the Applicant. This case highlights the importance of properly identifying and producing requested records to unit owners, as failure to do so can result in penalties and costs.
Under:
CAT Decisions - Decision
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Verdict:
Zhou v Metropolitan Toronto Condominium Corporation No.1107 involved a dispute over the provision of records requested by a unit owner. The tribunal found that the respondent had a reasonable excuse for not providing some of the records, but not all. As a result, the respondent was ordered to pay a penalty of $800 and costs of $200 to the applicant. The key lesson from this case is the importance of properly providing requested records to unit owners and the potential consequences of not doing so, including financial penalties.
Takeaways:
Requested Records: The unit owner, Qin Zhou, submitted a request for 17 records or sets of records under the Condominium Act 1998. Some of these records were not a single document but a list of related records.
Reasonable Excuse: The tribunal found that the Respondent, Metropolitan Toronto Condominium Corporation No.1107, had a reasonable excuse for not providing certain requested records, citing exceptions in the Act and common law privilege. However, for records that did not exist or were not provided to the Respondent by their management company, the tribunal determined that the Respondent did not have a reasonable excuse.
Penalty and Costs: The tribunal ordered the Respondent to pay a penalty of $800 and costs of $200 to the Applicant to cover the filing fees paid to the Tribunal.
Recommendations:
Clear and Accurate Record Keeping: Condominium corporations should ensure they have a well-organized and accurate record-keeping system in place. This includes maintaining board meeting minutes, financial statements, and other relevant documents. By doing so, it becomes easier to fulfill unit owners' requests for records and avoid disputes.
Effective Communication with Unit Owners: Condominium management should establish clear communication channels with unit owners to address any records requests or concerns they may have. This includes promptly acknowledging receipt of requests, providing regular updates on the status of the request, and explaining any limitations or exceptions to the provision of certain records.
Adequate Training for Condominium Management: It is crucial to provide sufficient training and education to condominium management professionals regarding their responsibilities under the Condominium Act and related regulations. This will help ensure that they are aware of the requirements for record keeping and properly handling records requests from unit owners.