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Tribunal orders condominium to provide detailed garage expenditure report but denies request for draft reserve fund studies.
The applicant unit owner sought draft reserve fund studies and alleged that the respondent condominium corporation's financial records were inadequate.
The Condominium Authority Tribunal held that draft documents do not constitute records of the corporation under section 55 of the Condominium Act, 1998, and denied the request for drafts and a penalty.
However, the Tribunal found that the respondent's records relating to reserve fund planning and garage repairs were inadequate because they failed to provide clear and consistent information.
The respondent was ordered to provide a detailed report on garage expenditures, but no costs were awarded.
Partial indemnity costs awarded for one attendance; no costs for misguided second motion.
A costs decision arising from interim motions in a condominium governance dispute between an owners’ group and the condominium corporation’s board of directors.
The court had previously ordered that an annual general meeting be held and later addressed a further urgent motion concerning voting eligibility for owners in arrears due to a disputed special assessment.
Applying Rule 57.01 of the Rules of Civil Procedure, the court assessed costs only for work directly related to the August attendance, awarding partial indemnity costs of $5,500 payable by the condominium corporation.
The court declined to award costs for the later attendance, finding the motion misguided because the relief granted had not been sought in the filed materials.
