XianChen An

The respondent condominium corporation brought a motion to reopen a case after failing to participate in the Tribunal proceedings.

The corporation argued its property manager failed to notify the Board of the proceedings.

The Tribunal dismissed the motion, finding it unreasonable for the corporation to rely on its property manager while expecting the unit owner to question the manager's performance.

The Tribunal also found no unfairness in refusing to reopen the case, as the disputed settlement agreement record was not protected by litigation privilege.

The unit owner's request for costs was denied.

The applicant condominium owner requested various core and non-core records from the respondent condominium corporation.

The respondent failed to respond to the request and did not participate in the Condominium Authority Tribunal proceedings.

The Tribunal found the applicant was entitled to all requested records, including a settlement agreement from a civil action commenced by the corporation on behalf of the owners, as the litigation privilege exception did not apply.

The Tribunal ordered the respondent to provide the records, pay a $3,000 penalty for its willful disregard of its legal obligations, and pay $150 in costs.