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Zugec v. Wentworth Standard Condominium Corporation No. 566 - 2024 ONCAT 8 - 2024-01-09

Corporation:

ZWSCC 566

Date:

Tue Jan 09 2024 05:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Decision
Access to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties

Summary:

In Zugec v. Wentworth Standard Condominium Corporation No. 566 (2024 ONCAT 8),A unit owner, sought records from the condominium corporation related to shared facilities. Disputes arose over core records like the Record of Leases and board minutes, and non-core records including mediation details, SFAs, and movie shoot agreements. While some records were provided, others were refused or inadequately addressed. The tribunal ordered the release of certain records, imposed a penalty of $2,000 on the condominium for refusal without reasonable excuse, and awarded costs of $200 to Zugec.

Verdict:

Condominiums should prioritize timely and complete responses to records requests, recognizing the potential for penalties if refusal lacks reasonable excuse.

Takeaways:

Condominiums must diligently fulfill records requests, facing penalties for unjustified refusal.
Thorough documentation, including board minutes, is crucial for compliance with the Condominium Act.
Tribunals emphasize penalties to underscore the seriousness of non-compliance.

Recommendations: 

Establish efficient processes for handling records requests, ensuring compliance with statutory obligations.
Train personnel to prioritize and document board decisions, maintaining up-to-date records.
Promote transparency and cooperation to prevent recurring disputes, fostering a positive condominium-owner relationship.

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