The Applicant, a condominium owner, applied to the Condominium Authority Tribunal alleging that the Respondent corporation refused to provide requested records without reasonable excuse, provided inadequate records, and charged unreasonable fees.
The Tribunal found that the Respondent's minor delays and waiting for third-party documents did not constitute a refusal without reasonable excuse, and thus no penalty was warranted.
While most records provided were deemed adequate, the Tribunal found the record of notices of lease to be inadequate under s. 55(1) of the Condominium Act.
The Tribunal upheld the Respondent's $30 hourly labour fee for record production as reasonable and awarded the Applicant $200 in costs for partial success.