29/01/2021 – Jurisdiction Ontario
Part 73 published on 01/03/2021
CAT determines owner’s rights to records related to leases, litigation and reserve fund
Among other things, CAT held as follows:
- An owner is entitled to a record of the units that are leased or rented (under Section 83 of the Condominium Act, 1998), but is not entitled to access information about the name of the renter or the leases themselves, or the owner’s address.
- An owner is entitled to request the corporation’s plan for funding of the reserve fund (prepared pursuant to Section 94 (8) of the Act) as well as the summary of the plan (prepared pursuant to Section 94 (9) of the Act).
- Section 55 (4) of the Act includes the “exception” stating that owners are not entitled to see records relating to actual or contemplated litigation. HOWEVER: Owners can see records relating to litigation unless there is some reason (such as solicitor-client privilege, settlement privilege or a confidentiality undertaking) that prevents this. Section 55(4) of the Act requires a consideration of the status of the records in dispute and the status of any litigation that the records related to.
Editorial Note: In my experience, most condominium corporations don’t create a funding plan (in relation to the reserve fund) that is different from the summary contemplated by Section 94 (9) of the Act.
https://www.canlii.org/en/on/oncat/doc/2021/2021oncat8/2021oncat8.pdf