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by Denise Lash

Owners are entitled to inspect the records of their Condominium Corporation. The new Condominium Act, which we expect to see in the Spring of 2000, has clarified what records owners are entitled to inspect, how an inspection is carried out and who can conduct the inspection. The following is a brief outline of the record provisions of the act.

What Are Records?

Really everything relating to the Corporation. This would include:

  • Documentation, agreements and plans turned over by the original developer.
  • Minutes of owners meetings and board meetings.
  • Financial statements for the previous six years.
  • Owners and mortgagee records/list – a list of names and addresses of owners and mortgagees.
  • Proxies from owners meetings must be kept as part of the records for 90 days.
  • Reserve fund studies and updates.
  • Funding plans prepared by the Board of Directors relating to the reserve fund.

The Act requires that owners who lease their unit or renew a lease for their unit, must within 30 days notify the Corporation and provide: the tenant’s name and the owner’s address; a copy of the lease or renewal; the tenant with copy of Declaration, By-laws and Rules. This information will then form part of the records of the Corporation.

Who can inspect the records?

Owners, purchasers, mortgagees or agents of anyone of them can inspect the records.

Is there a limit on the inspection of certain records?

No right to inspect employment records (except employment contracts); records re litigation or insurance investigation; and records relating to specific units.

How do you go about inspecting the records?

Give reasonable notice to the Corporation in writing.

Can copies be made of any of the records?

Only persons who examine the records are entitled to copies if a reasonable fee is paid for labour and copying charges.

What happens if the Corporation refuses to allow Inspection?

The Corporation is obliged to pay $500 to the owner upon receiving a written request if the Corporation does not permit the owner without a reasonable excuse to examine the records.

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