CAT Decisions

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: May 15, 2020

CASE: 2020-00080R

Citation: Suzanne Fishwick v. Stormont Standard Condominium Corporation No. 25, 2020 ONCAT 16

Order under section 1.47 of the Condominium Act, 1998.

Member: Ian Darling, Chair

CONSENT ORDER

[1]       The Applicant, Suzanne Fishwick, and the Respondent, Stormont Standard Condominium Corporation No. 25, have agreed to settle this case and for the terms of their agreement to be incorporated into a consent order. CAT Member Ian Darling therefore orders that this case has been resolved without a hearing.

[2]       The Applicant commenced this Application on March 4, 2020 while the Corporation was still managed by the Declarant, in an attempt to obtain records of the Corporation which had not yet been provided to the Corporation by the Declarant;

[3]       The Corporation is now managed by an independent management company, and the Board of Directors of the Corporation now consists of a majority of Directors unrelated to the Declarant or the Declarant’s corporate entities;

[4]       The Applicant and Respondent have agreed that the issues in this Application are resolved for the following reasons:

a.    All records in the possession of the Respondent have been provided to the Applicant, which include the following:

I.              Declaration

II.            By laws

III.           Rules

IV.          List of owners and mortgagees

V.           Budget

VI.          Income statements and bank reconciliations

VII.         Management agreement

b.    The Respondent has made every effort to obtain all available records from the Declarant;

c.    To the extent that records have not been produced by the Corporation, it is because the original Declarant:

I.              has not turned over these records;

II.            has not responded to the Corporation’s requests for such request; or

III.           did not prepare these records.

[5]       The records which have been requested from the Declarant but have not been produced are as follows:

I.              Information certificates

II.            Financials statements

III.           Audited financials statements

IV.          Reserve fund study

V.           Board meeting minutes 2016 - 2019

VI.          Board meeting minutes 2020

VII.         Maintenance records

VIII.       Status certificates issued to date

[6]       The Parties each agree to bear their own costs of this Application.

Compliance

If either Suzanne Fishwick or Stormont Standard Condominium Corporation No. 25 fails to comply with any of the terms of this order, it may be enforced through the Ontario Superior Court of Justice.

___________________________

Ian Darling,

Chair, Condominium Authority Tribunal

Released on May 15, 2020.