A Layman ’ s Takeaways from CAT Cases
If you haven ’ t been reading the CAT cases on our social media, please do. Every case has takeaways. The members of CAT are very thorough in their reporting of the issues, including the decisions and orders. When reading the cases, it is helpful to make notes along the way so that you can review them in conjunction with your own corporation ’ s governing documents to be reassured that you are managing in accordance with the legal requirements, and alleviate the possibility of escalating a case that might come before the CAT from your condominium. Sections of the Act and Regulations are referenced in the cases so you may review them.
You can find both documents here:
Condominium Act, 1998, S.O. 1998, c. 19 https://www.ontario.ca/laws/statute/98c19
Trish Kaplan , CCI (Hon’s) is the current part-time Administrator for the chapter; having served in the position from April 2003 to September 2010. She received the CCI Distinguished Service Award from CCI National in November 2006. Trish served as a director on the chapter board from 2010-2015 and was subsequently returned to the position of Administrator. Trish is a condominium owner, served as a director of the corporation she resides in for a time and is a retired condominium manager. Her experience in the different areas of condominium continues to be a benefit to the chapter and its members.
O. Reg. 48/01: GENERAL under Condominium Act, 1998, S.O. 1998, c. 19 https://www.ontario.ca/laws/regulation/010048
The right of an owner to examine or obtain copies of a condominium corporation ’ s records is set out in Section 55 (3) of the Condominium Act, 1998 (the “ Act ”): The exceptions in s. 55 (4) of the Act include records related to employees, to actual or contemplated litigation, and to specific units or owners. Where a Board Response to Request for Records is not in compliance with the requirements set out in section 13 of O. Reg. 48/01, Section 13.3 (7) requires the corporation ’ s response to contain a description of each record requested and, if the corporation is providing a non - core record, the estimated fee the corporation will charge for its provision. If the corporation is refusing to provide the record, it is required to set out an explanation of the reason for its refusal.
The Records prescribed in s.13.1 (1) of O. Reg. 48/01 include the following:
9. All reports and opinions of an architect, engineer, or other person whose profession lends credibility to the report or opinion, that the corporation receives and that relate to physical features of the property or of any real or personal property that the corporation owns or that is the subject of an agreement mentioned in section 113 or subsection 154 (5) of the Act entered into by or on behalf of the corporation.
The Condominium Authority of Ontario (CAO) ; Condominium Authority Tribunal (CAT) and the Condominium Management Regulatory Authority of Ontario continue to build resources for owners, directors, managers and others in the condominium arena. Check out their Resource Centre sections on each website for valuable support.
CCI London & Area Chapter shares chapter information and important Condo Tips that can be invaluable to all. A regular posting of CAT cases and decisions can be found on our regular Legal Matters Monday. Like us on social media, learn and share. It is important for boards and managers to know how the CAT operates and what you need to know when you are involved in a dispute.
Recent cases provided some of these valuable takeaways:
CCI Review 2022/2023 - 2 November 2022 Page 26
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