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most recent auditors report are all records listed in section 55 (1) of the Act as records that a condominium corporation is required to keep. These are core records as per O. Reg 48/01 and the Applicant is entitled to all these records. Per section 67 (1) of the Act, audited statements are to be prepared every year. The board is responsible to ensure that records are being adequately maintained. Where a corporation is unable to provide records – the reason for it not happening is important. The question that will arise at the CAT is simply “ is the Corporation keeping adequate records? ” Where a request for core records is declined with no reasonable excuse (or the corporation has disregarded a request for records) means the corporation is in breach of its obligations under the Act . The CAT may apply a penalty against the corporation for the failure. Board responses to Requests for Records are legislated requirements under provincial legislation, with prescribed forms, and a reply to the request is due within 30 days. Section 55 (4) (c) of the Act states that the right of an owner to examine or obtain copies of records does not apply to records relating to specific units or owners. Every corporation should have policies or procedures in place to invoice and to accept payment where there is a fee for providing non - core records to an owner so that neither the owner nor the corporation /management are inconvenienced.
records of complaints and cheques, invoices and work orders that may be requested in future. Where there is no written agreement or contract with a particular service provider the invoices, work orders, and other documentation which demonstrates the non - written agreement between the corporation and the service provider. ” A Purchase Order is not a contract.
ABOUT PENALTIES BY CAT
Penalties serve a variety of purposes. They may serve as a specific deterrent by sanctioning unacceptable conduct. Penalties may also serve as a general deterrent by communicating to a class of interested people and organizations within the condominium community that such conduct is to be avoided. The Tribunal has the discretion to award costs (per Section 1.44 of the Act ). The CAT Practice Direction: Approach to Ordering Costs (effective January 1, 2022) is outlined in this document. https://www.condoauthorityontario.ca/wp - content/ uploads/2021/12/CAT - Practice - Direction - Approach - to - Ordering - Costs - January - 1 - 2022.pdf In one case, it was interesting to note this decision by the CAT member: “ It is in part, if not primarily, to ensure that all condominium directors have at least that basic level of understanding that they are required under the Act to complete mandatory training courses provided by the Condominium Authority of Ontario (CAO). It appears to me that this board may require a refresher. Therefore, under subsection 1.44 (1) 7 of the Act, I will order that each of the current board members takes or retakes the mandatory director training prescribed under subsection 29 (2) (e) of the Act within 30 days of the date of this decision. By the end of that 30 - day period, the Respondent shall provide the Applicant with the evidence of completion that is provided by the CAO. The directors are encouraged to also consider taking any advanced training course the CAO also provides, though I do not make this part of my order. ” ■
ENTITLEMENT TO RECEIVE RECORDS REQUESTED
Section 46.1 (3) of the Act requires a corporation to keep a record of owners and mortgagees which includes the unit number, the name of the owner or mortgagee, and their address for service in Ontario. An owner is not entitled to the e - mail addresses of owners or mortgagees; however, the record of owners and mortgagees is a record to which an owner is entitled. According to Section 83 (1) (a) of the Act, a unit owner is required to notify the condominium corporation within ten days of leasing their unit. Section 83 (3) of the Act requires a condominium corporation to keep a record of the notices that it receives. The owner is entitled to a copy of the record of notices relating to leased units. There is the expectation under the Act that records should be provided when requested in accordance with the Regulations without requiring the person making the request to start Tribunal proceedings.
CORPORATION AGREEMENTS
It is recommended that all agreements with a corporation should be reviewed each year. The board would be well served to set up a file on each service provider, to maintain
CCI Review 2022/2023 – 2 —November 2022 Page 29
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