04/01/2024 – Jurisdiction Ontario
Part 85 published on 01/03/2024
Condominium corporation had failed to keep adequate Board Meeting Minutes and had also failed to keep an adequate record required by Section 83 of the Condominium Act
The Applicant owner brought an application for various records which he said the condominium corporation had failed to adequately keep and provide to him.
The Tribunal held that the condominium corporation had not refused to provide any records; but that some of the corporation’s records were not adequate. In particular, the Tribunal said:
Record required by Section 83 of Condominium Act
The record received by Mr. Nash does not meet the requirements of section 83(3)
of the Act because it contains only a highlighted list of units that are leased units
as part of a list of owners, without providing information about the type of notices
and the date on which each notice was received. Therefore, I conclude that OSCC
142 is not keeping an adequate record of notices relating to leases.
Minutes of Board meetings from November 2022 to June 2023
The Tribunal found in Mawji that the board had conducted business without
holding meetings, and it concluded that its minutes did not meet the standard of
adequacy because the board’s ad hoc decisions were not recorded in the minutes.
Similarly, the board of OSCC 142 has made decisions related to the business of
the condominium corporation, particularly in relation to the change from VPM to
G3 Property Solutions, and there are no minutes of any decisions from February
2023 forward. I find that OSCC 142 is not keeping adequate records in relation to
its obligation to keep minutes of board meetings.
Nash v. Oxford Standard Condominium Corporation No. 142, 2024 ONCAT 3