David Barrett

The applicant condominium owner brought an application to the Condominium Authority Tribunal requesting access to various corporate records.

As a preliminary issue, the applicant argued the respondent's board of directors lacked a quorum and therefore had no authority to retain an agent or participate in the hearing.

The Tribunal found that the board had improperly attempted to reduce its quorum requirements without a valid by-law amendment and had subsequently lost its quorum.

The Tribunal proceeded without the respondent's participation and ordered the respondent to provide the requested records to the applicant at no cost.

The applicant brought a motion challenging the authority of the respondent condominium corporation's board of directors to retain and instruct a representative, arguing the board had lost quorum due to resignations.

The Tribunal found that retaining a legal representative is a business matter requiring a quorum under the Condominium Act, 1998.

The hearing was adjourned for 45 days to allow the respondent to demonstrate it has quorum or to take necessary steps to remedy the situation.