17/11/2022 – Jurisdiction Ontario
Part 80 published on 01/12/2022
The CAT orders condominium corporation to produce records and also orders that directors take or re-take mandatory training.
The Tribunal ordered the condominium corporation to produce certain records which had been requested by the Applicant but not produced by the condominium corporation. The Tribunal declined to award a penalty, but ordered that the directors take or re-take the mandatory directors’ training under the Condominium Act and Regulations. The Tribunal said:
Though the Respondent may not have competently dealt with the Applicant’s requests there was, on the evidence, a genuine effort to provide the records. On these facts, the Respondent’s shortcomings are better remedied through education and training, not by imposition of a penalty.
Further, as noted earlier in this decision, the Applicant is very well informed about the Act and her entitlement as an owner, and she is insistent that PSCC 834 adhere to all its obligations. As became apparent through the Respondent’s submissions, it finds her approach to be challenging and difficult to deal with. However, regardless of how “difficult” a condominium corporation perceives an owner to be, their entitlement to records as set out in the Act remains and a corporation’s adherence to the Act and its regulations does not diminish. I do remind the parties that in the context of the ongoing relationship between owner and board, reasonableness and cooperation should be exercised.