17/05/2022 – Jurisdiction Ontario
Part 78 published on 01/06/2022
Condominium corporation’s records were not sufficiently clear
The owner requested certain records and also sought an order requiring the condominium corporation to provide responses to certain requests for information.
The Tribunal held that an owner is not entitled to an order for the production of non-existent records (unless of course the Condominium Act or Regulations or the condominium’s governing documents oblige the condominium corporation to keep the requested records).
The Tribunal also said that a condominium corporation is “not obliged to explain” the corporation’s records.
However, the Tribunal also held that certain records provided by the condominium corporation in this case were not clear. Because of this, the owner had been required to apply to the Tribunal in order to gain the necessary clarification. For that reason, the Tribunal ordered the condominium corporation to pay costs to the owner as compensation.