The applicant, a condominium unit owner, requested records from the respondent condominium corporation regarding a decision to replace his exclusive use common element lawn and charge him for the resodding.
The applicant alleged the respondent failed to produce all relevant records, including contractor reports and unit-specific maintenance logs.
The Condominium Authority Tribunal found that the respondent had produced all existing records and was not obligated to create or produce non-existent ones.
The Tribunal also determined that the records kept by the respondent, including a contractor quotation and board meeting minutes, were adequate under subsection 55(1) of the Condominium Act, 1998.
The applicant's request for a penalty was dismissed, but the respondent was ordered to reimburse the applicant's $200 Tribunal filing fee due to misleading communications about the existence of written reports.