OCAT 2022

The applicant, a condominium unit owner, requested various records from the respondent condominium corporation amidst ongoing disputes.

The Condominium Authority Tribunal found that the respondent failed to maintain an adequate record of owners and mortgages due to technical errors, but this did not constitute a deliberate refusal to provide the record.

The Tribunal held that the applicant was not entitled to a list of owners who agreed to electronic notices or to unredacted proxies.

The Tribunal reduced the estimated fee for providing redacted proxies to $160 but upheld the estimated fees for providing contracts and bids.

The applicant was awarded $200 in costs for filing fees.

The applicant condominium owner requested the record of owners and mortgagees and the general ledger for repairs and maintenance from the respondent condominium corporation.

The respondent failed to respond within the statutory 30-day period and initially failed to provide the older ledger records or a fee estimate for their retrieval from storage.

The Tribunal found the respondent's fee estimate of $167.60 for retrieving the older records was reasonable and that the respondent was entitled to redact references to specific units and owners.

However, the Tribunal ordered the respondent to pay a $500 penalty for its initial refusal to provide the older records without a reasonable excuse, along with $75 in costs.

The applicant condominium corporation sought an order requiring the respondent owner to permanently remove an unregistered cat from her unit, alleging the cat caused damage to the common element balconies by urinating on them.

The respondent did not participate in the hearing.

The Tribunal found the respondent in violation of the condominium's declaration and rules, which only permitted 'grandfathered' pets.

The Tribunal ordered the respondent to remove the cat, prohibited her from acquiring additional pets, and ordered her to pay the corporation's legal and Tribunal costs, as well as 50% of the costs to repair the damaged balcony.