When Does a Consultant’s Report Become a “Record” Of The Condominium Corporation?

When Does a Consultant’s Report Become a “Record” Of The Condominium Corporation?

In the case of Morassut v. Middlesex Standard Condominium Corporation No. 922, the issue at hand was whether a specialist's reports that were commissioned by the corporation's engineer formed part of the corporation's records under section 55(1) of the Condominium Act. Section 13.1 (1) 9 of Regulation 48/01 specifies that a condominium's records include reports and opinions of professionals, such as architects or engineers, that relate to the physical features of the property.

However, the Tribunal concluded that the specialist's reports were not records of the condominium corporation because the Board had not yet formally reviewed and accepted these reports. The reports were commissioned by the engineer to investigate deficiencies in the humidity levels and leaks in the parking garage of the condominium building. The specialist completed the investigative work and prepared reports summarizing the findings, which were then submitted to the engineer for analysis. The engineer's report, which may or may not have included the specialist's reports as supporting schedules, would be provided to the Board once it was completed and accepted.

Therefore, the key takeaway from this case is that a consultant's report only becomes a record of the condominium corporation upon the Board formally receiving and accepting the report.