15/07/2022 – Jurisdiction Ontario
Part 79 published on 01/09/2022
Condominium corporation ordered to create record of notices received under Section 83 of the Condominium Act.
The owner requested various records including the record of notices received by the condominium corporation, respecting tenancies, under Section 83 of the Condominium Act. The condominium corporation did not provide the notice of leases, claiming that the corporation had not received any notices.
The Tribunal held that the condominium corporation had failed to keep the required record, and that this amounted to a refusal to provide the requested record without a reasonable excuse. The Tribunal ordered the condominium corporation to create the requested record and to provide it to the owner. The Tribunal said:
Section 83 (3) of the Act clearly requires the corporation to maintain a record of the notices it receives under s. 83 of the Act – regardless of whether that notice is provided on a particular form. If MTCC 728 is aware that at least eight units are leased within the current fiscal year as stated in the PIC, they must have received some sort of notice from those eight unit owners and a record of these notices should then be maintained as per the Act.Hamid-Rajroop v. Metropolitan Toronto Condominium Corporation No. 728