Corporate Records

The Condo Act requires all condo corporations keep adequate records. Current owners, purchasers and mortgagees are entitled to request access to, or copies of, their condominium corporation’s records.

In this section you will find more detail on the types of records that corporations must keep as outlined in the Condo Act.

Core and Non-Core Records

Some records that condo corporations are required to keep are classified as core records. All other records are non-core records. Owners are entitled to access both types.

What is the difference?

1. There are more restrictions on the costs that condo corporations can charge for providing core records.
2. Corporations must provide core records within 7 days of receiving the required fee, if applicable. They have 30 days for non-core records.

Here is some important information to keep in mind:

Condo corporations have 30 days to respond after getting a request by using the mandatory Board’s Response to Request for Records. The response must include:

• A description of each requested record, including whether it is a core or non-core record
• Whether the condo will provide access to or copies of each record · Any fees for each copy, if applicable
• If access to a record will be provided, a location where the record can be accessed
• If the condo refuses to provide a record, the provision of the Condo Act that permits them to refuse the request

Fees

Condo corporations are allowed to charge a fee to provide the requested records. This fee depends on several factors, including:

• Whether core or non-core records were requested
• Whether the requested records are in electronic or paper form
• The cost of labour, printing, copying and delivering the records (where applicable)

If the request is for core records:

• Fees must be commensurate with the work required to compile and cannot be more than 20¢ per page
• Corporations may not charge for electronic records even if they do not keep an electronic copy and must provide a paper copy instead

If the request is for non-core records:

• Fees must be commensurate with the work required to compile and cannot be more than 20¢ per page
• Corporations may charge a reasonable fee to provide paper copies of records they do not keep electronically when responding to a request for electronic records

Delivering or Providing Access to Records

Once corporations have received payment, they must provide records within:

• 7 days for core records
• 30 days for non-core records

Abandoned Responses to Requests

If a condo corporation responded to your request for records, you have 60 days to either:

• Respond and pay any applicable fee
• File an application with the Condominium Authority Tribunal to resolve any disputes with how the condo corporation responded to your request

If you do not do either of these two things within 60 days, your request will be considered abandoned.

If the condominium corporation did not respond to your request, you have six months to file an application with the tribunal or your request will be considered abandoned.

The Condo Authority Tribunal cannot accept applications if they are related to an abandoned request for records.

Accompanying Statements

When a condominium corporation provides records, they must also provide a written document that outlines:

• The costs the corporation incurred in providing the records
• The reasoning for any redactions or modifications, if applicable

If the condo corporation’s actual costs to produce and deliver the records were less than the requester paid, the condo corporation must pay the requester the difference.

If the condo corporation’s actual costs were higher than the requester paid, the requester must pay the least of:

• The difference
• 10 per cent of the total costs incurred by the corporation
• or 10 per cent of the fee they paid

For example, if the requester paid $50 and the total costs were $60, then the requestor would have to pay the condo corporation 10 per cent of the $50 fee, or $5.