Area of Law: Real Estate Law
Answer # 0429
Accessing condominium recordsRegion: Ontario Answer # 0429
Under the Condominium Act, owners, purchasers, and mortgagees of have the right to access a number of records, including:
- financial records of the corporation;
- minute books containing the minutes of owners’ meetings and the minutes of board meetings;
- the condo corporation’s declaration, by-laws, and rules;
- copies of any returns or notices that the corporation has filed with the CAO;
- lists, items, records and other documents from the condo corporation’s turn-over meeting;
- a list of the names of the owners of each unit in the corporation and their address for service
- the budget for the first fiscal year;
- all reserve fund studies and all plans to increase the reserve fund;
- agreements entered by or on behalf of the corporation;
- instruments appointing a proxy or ballots for a meeting of owners that are submitted at the meeting; and,
- other records as specified in regulations or the condo corporation’s by-laws.
In addition, prospective buyers and their agents also have a right to access certain records.
Examples of common records issues include:
- not being able to get access to a record; or,
- disagreeing with the fee the condo corporation is charging to provide a copy of the records.
As of November 1, 2017, there is a new Government of Ontario mandatory form available from the Condominium Authority of Ontario (CAO) that must be used to request access to, or copies of, condominium corporation records. You can request either paper or electronic copies. Common disputes about records usually arise when there is an issue about whether someone has a right to access records, and the types and quality of the records being kept. Complaints concerning records disputes can now be resolved at the Condominium Authority Tribunal (CAT). For more information and to view provincial legislation, view our Links.
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