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Zugec v. Wentworth Standard Condominium Corporation No. 566 - 2022 ONCAT 81 - 2022-08-02
Corporation:
ZWSCC 566
Date:
2022-08-02
Summary:
In the case of Zugec v. Wentworth Standard Condominium Corporation No. 566, the Applicant requested specific records related to shared facilities from the Respondent, Wentworth Standard Condominium Corporation No. 566. The Respondent failed to reply within the prescribed timeline, effectively refusing to provide the records. As a result, a penalty of $2000 and costs of $200 were imposed on the Respondent. The Applicant was also entitled to receive minutes of shared facilities meetings that took place between November 25, 2020, and November 2021 that had not been provided. The Respondent was ordered to obtain and provide these minutes to the Applicant within 30 days of receipt.
Under:
CAT Decisions - Decision
Access to Records
Fees, Costs, Penalties
Verdict:
Verdict/Lesson:
In the case of Zugec v. Wentworth Standard Condominium Corporation No. 566, the Condominium Authority Tribunal (CAT) ordered the Respondent to provide further records to the Applicant regarding shared facilities committee meeting minutes. The Respondent's failure to respond to the Applicant's request for records within the prescribed timeline was considered a refusal, leading to a penalty of $2000. This case emphasizes the importance of timely responses to requests for records by condominium boards, and it illustrates the potential penalties for unjustified refusals. It's crucial for condominium boards to adhere to legal requirements for responding to record requests and providing complete and accurate information to unit owners or applicants.
Takeaways:
In the case of Zugec v. Wentworth Standard Condominium Corporation No. 566, the Applicant requested specific records related to shared facilities, and the Respondent failed to provide a response within the prescribed timeline, effectively refusing to provide the records.
The Tribunal ordered the Respondent to seek additional shared facilities committee meeting minutes and provide them to the Applicant to ensure a complete record.
A penalty of $2000 and costs of $200 were imposed on the Respondent for refusing to provide records without a reasonable excuse. The Respondent's lack of a reasonable excuse for the delay was a key factor in this decision.
This case highlights the importance of timely responses to requests for records by condominium boards and the potential penalties for unjustified refusals.
Successful Applicants in such cases may be entitled to recover their Tribunal filing fees, providing an incentive for individuals to pursue their rights under the Condominium Act.
Recommendations:
Timely Response and Compliance: Condominium boards and their representatives should ensure timely responses to requests for records and adhere to the prescribed forms and timelines as required by the Condominium Act, 1998 and associated regulations to avoid potential penalties.
Transparency and Document Management: Maintain transparent and efficient document management systems for shared facilities and committee meeting minutes. This includes keeping accurate records and promptly addressing discrepancies or disputes about the existence of meetings and their minutes.
Review Legal Precedents: Condominium boards should review legal precedents, such as previous cases involving the same parties or similar issues, to avoid a pattern of delayed record provision and penalties. Consistent adherence to legal requirements and responsiveness to unit owners' requests is essential to maintain a harmonious condominium community.