The applicant, a condominium unit owner, applied to the Condominium Authority Tribunal after the respondent condominium corporation failed to provide requested core and non-core records.
The respondent claimed it could withhold the record of owners and mortgagees and demanded an unreasonable fee for the remaining records.
The Tribunal found the applicant was entitled to all requested records, including the record of owners and mortgagees.
The Tribunal also determined the respondent's fee was not in compliance with the legislation and set a reasonable fee based on an adjusted hourly labour rate.
Due to the respondent's refusal to provide records without reasonable excuse and its late participation in the proceedings, the Tribunal ordered the respondent to pay a $1,000 penalty and $125 in costs.