Vincent Bennett

The applicant unit owner requested audited financial statements from the respondent condominium corporation for the 2023-2024 fiscal year.

The owners had previously unanimously agreed to waive the requirement for an audit for that year.

The applicant later attempted to rescind her approval of the waiver midway through the year.

The Tribunal held that there is no mechanism to rescind a waiver midway through a fiscal year, and therefore no audited financial statements existed to be provided.

However, because the respondent only provided other requested records after the applicant paid the fee to move the case to Stage 3, the Tribunal ordered the respondent to reimburse the applicant's $200 Tribunal fees.

The applicant condominium owner submitted a request for records to the respondent condominium corporation.

The corporation provided some records but delayed providing core records for over three months without explanation.

The Condominium Authority Tribunal found that the delay constituted a refusal to provide records without reasonable excuse.

The Tribunal ordered the corporation to pay a $250 penalty and reimburse the applicant's $200 Tribunal fees.