Nash v. Oxford Standard Condominium Corporation No. 142 (Condominium Authority Tribunal) January 4, 2024

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