March 2018
Records maintained by a condo corporation include personal information on residents and owners, and financial information on the corporation. Some records are available to owners.
“Core” and “Non-core” Records
“Core” records including Declaration, By-laws, Condo Rules, Meeting Minutes, Financial Statements and Notices are available free of charge in electronic format. Actual costs incurred can be charged. Some are required to be produced according to timelines while others are available on request.
“Non-core” records are other available records of the corporation. These are available at a cost based on actual costs incurred by the corporation. Copying costs are limited to $0.20 per page. Labour costs may apply.
Most financial and operating records must be maintained for a minimum of seven years. Certain records – Declaration, By-laws, Condo Rules, certain agreements – must be maintained indefinitely. Records can be stored electronically or in hard copy. There must be protection against loss for electronic records. Hard copy records should be kept “reasonably close” for accessibility.
Requesting Condo Records
Anyone requesting access to condo records must submit a request to the board. Within 30 days the board is required to respond indicating which records they will and will not produce, and the estimated cost for producing these records. Access to certain records may be legitimately denied. There is no right to access certain information including personal contact information of owners, employee information, some opinions of legal counsel, and any portion of a ballot or proxy that identifies the owner or proxy-giver. The requestor is required to respond to the board’s response identifying which records they would like to receive and payment of the estimated cost. Requests are to be submitted using a prescribed form provided by the Condo Authority of Ontario (CAO). A records request is considered abandoned when the requestor fails to respond the board’s response within 60 days or if no dispute is filed with the Condo Authority Tribunal within six months of the initial request.
Disputes over Access to Condo Records
When there is a dispute over access to condo records, a dispute can be filed with the Condo Authority Tribunal. Certain fees apply and are payable upon filing. Non-compliance with section 55 of the Condo Act is subject to a penalty of $5,000 payable to the individual who requested and was improperly denied access to records.
