Legislative Requirements for Access to Records
Under the Condominium Property Regulation, owners are entitled to access financial, meeting, and legal records.
WHAT YOU'LL LEARN
Legislative Requirements for Access to Records
Step-by-Step Process for Handling Record Requests
Application: Handling a Record Request
Legislative Requirements for Access to Records
Records Owners Are Entitled to Access
Under the Condominium Property Regulation, owners are entitled to access the following records:
Financial Records:
Budgets, financial statements, and reserve fund studies.
The corporation must maintain records of all financial statements, budgets, and financial transactions, including a detailed record of all reserve fund contributions and expenditures.
Meeting Records:
The corporation must keep records of all board and annual general meeting minutes.
Legal Documents:
Registered bylaws, any amendments, and current insurance policies.
The corporation must maintain a copy of the registered bylaws, amendments, and the most recent insurance certificate.
Other Records:
Any lease agreements, performance audits, or engineering reports related to the condominium.
Restrictions on Access
While owners are entitled to access many records, the Condominium Property Regulation outlines certain exceptions:
Confidential Information:
The corporation is not required to provide access to records related to specific legal proceedings or personnel matters.
Privacy Concerns:
Personal information about other owners cannot be disclosed.
Timelines and Fees for Providing Records
Timelines:
The corporation must provide the requested records within 10 days of receiving a written request from an owner.
Fees:
The corporation may charge a reasonable fee for providing copies of records.
The corporation may impose a fee for providing records, which must not exceed the reasonable costs of copying and providing the information.
Step-by-Step Process for Handling Record Requests
Receiving and Acknowledging the Request
Ensure the Request is in Writing:
Owners must submit their request in writing, specifying the records they wish to access.
A written request for records must identify the specific records being requested and the preferred method of access.
Acknowledge the Request:
Respond to the owner in writing within 1-2 business days to confirm receipt of the request.
Example Email Template:
“Dear [Owner’s Name],
We have received your written request for access to condominium records. We will process your request in compliance with the Condominium Property Regulation and provide the requested documents within 10 days. Please let us know if you have any specific preferences for how the records should be provided (e.g., email, printed copy).
Thank you,
[Your Name]
[Title]”
Verifying and Preparing the Records
Verify the Records Requested:
Confirm that the requested records are eligible for access under the Condominium Property Regulation.
If any part of the request includes restricted or confidential information, notify the owner and explain why those records cannot be provided.
Gather the Required Records:
Locate the records (e.g., financial statements, minutes, or bylaws) and verify they are complete and up-to-date.
Prepare Copies:
If physical copies are requested, ensure they are legible and organized.
For digital copies, verify that files are correctly formatted and include only the requested information.
Providing the Records
Deliver the Records Within 10 Days:
Ensure the owner receives the records in their preferred format (email, printed copies, etc.).
Issue an Invoice for Fees (if applicable):
Provide an itemized invoice detailing any fees for copying and delivering the records.
Confirm Receipt:
Follow up with the owner to confirm they received the records and address any questions or concerns.
Application: Handling a Record Request
Scenario
An owner submits a written request for the most recent reserve fund study, the current year’s budget, and the minutes from the last board meeting. However, their request also includes a demand for information about a specific legal dispute between the corporation and another owner.
Task
Identify which parts of the request the corporation is obligated to fulfill under the Condominium Property Regulation.
Draft a response to the owner explaining:
Which records will be provided.
Why the legal dispute information cannot be disclosed.
Example Response:
“Dear [Owner’s Name],
Thank you for your request for access to condominium records. We are pleased to provide you with:
The most recent reserve fund study.
The current year’s budget.
Minutes from the most recent board meeting.
However, we regret to inform you that information regarding legal disputes is considered confidential and cannot be disclosed under the Condominium Property Regulation.
Please find the requested documents attached. If you have further questions, feel free to contact us.
Best regards,
[Your Name]
[Title]”
