In Bernard v. Carleton Condominium Corporation No. 111, the unit owner, Elizabeth Bernard, requested a copy of the list of owners and mortgagees from the respondent, condo corporation, (the “Corporation”) under Section 46(1) of the Condominium Act, 1998 (the “Act”). The Corporation responded with three versions of the list, each flawed in the following ways:
- List 1 lacked full addresses and mortgagee details
- List 2 had a different format but still omitted key address components
- List 3 included full addresses, but was so poorly formatted that column misalignment made it difficult to interpret
Section 46(1) of the Act requires corporations to maintain a record of owners’ names and addresses for service, and mortgagees’ names and addresses for service, if provided.
While the CAT did not find a refusal to provide the record, it did find that the Corporation’s approach was hasty, confusing, and non-compliant with formatting expectations. The CAT ultimately ordered the Corporation to produce a properly aligned and complete version of the list.
The CAT concluded that “CCC 111 should do a better job at providing clearly formatted records”, and issued the following orders:
- the Corporation must provide a properly formatted list of owners and mortgagees within 30 days;
- If no mortgagee information exists, the Corporation must state this in writing; and
- the Corporation must pay $200 in filing costs to Elizabeth Bernard.
No penalty was issued as the CAT did not find the formatting mishaps a refusal to provide records.
This case highlights the importance of not just providing records but doing so in a way that meets both legal requirements and practical usability. This decision is a reminder that compliance is not just about content, but it is also about presentation. A record that is technically complete but visually confusing can still result in Tribunal orders. Clean formatting, clear communication, and a proactive approach to compliance are essential!
Best Practices for Condominium Corporations
- Format with clarity
- Ensure that all required fields under Section 46(1) of the Act are present
- If mortgagee information is missing, include a statement confirming its absence
With the ever increasing tasks stacked onto managers, this is, of course easier said than done. Perhaps corporations may want to consider implementing a yearly review of the key core-records to ensure their compliance with the Act and the expectations of the Tribunal.
