Requests for Records under the Condominium Act: A Clear Warning to Unit Owners
Posted on April 01, 2011 at 01:40 PM
A common challenge facing condominium corporations is the presence of "condo commandos", unit owners who engage in a course of conduct that interferes with the management of the condominium corporation.
A recent court case dealt with a unit owner who had performed some repairs to a water supply pipe, and was seeking reimbursement from the condominium corporation. When his request for reimbursement was denied, the unit owner bombarded the management office with countless requests for records and other related information. While the vast majority of his requests for records were satisfied, the unit owner refused to accept that he was not entitled to some of the records, or that others simply did not exist.
The unit owner then commenced two Small Claims Court actions, seeking reimbursement for his cost of repairing the pipe, and production of various records, such as detailed plumbing plans, and legal invoices. The Court dismissed both actions, and also ordered that the unit owner pay the condominium corporation’s legal costs on a punitive scale. In so doing, the Court stated that the Condominium Act did not "condone acts which amount to interference with the board's legal duty to [its] owners", as the innocent unit owners would ultimately be responsible for the cost of defending nuisance lawsuits.
Click here for a copy of the complete decision, Mishukov v. York Condominium Corporation No. 201, Endorsement of Feldman, J. (March 17, 2011) (Ontario Small Claims Court).
Condo Commando, Request for Records, Court Order
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