Condominium Authority Tribunal Application Checklist: Records
Welcome to the Condominium Authority Tribunal’s (CAT) Application Checklist for Records Applications. This checklist was developed by the CAT to help Applicants file their applications.
If you have not yet read the information about records on the CAO’s Guided Steps to Common Issues, you should read it before you file an application with the CAT.
If you have not yet read the information about records on the
CAO’s Guided Steps to Common Issues, you should read it before you file an application with the CAT.
The CAO’s Guided Steps to Common Issues contain important information that all Applicants should know.
If you are unsure whether you have a records issue, we encourage you to review the information about records on the CAO’s Guided Steps to Common Issues.
Have a Question?
If you have a question about any of the information you’ve read, please contact us. We have a team available to answer any questions you may have.
When you file your application, you will be required to identify who you are filing against (i.e., the Respondent(s)). Once you file your application with the CAT, the Respondent(s) are required to join the case and respond to the issues you have raised.
If you are a unit owner, the Respondent will normally be your condominium corporation. This is because condo corporations are responsible for creating, maintaining, and providing records.
Every condominium corporation has a legal name that you must provide when filing an application. All condominium corporations in Ontario have the same standard name format, depending on when the corporation was created:
For condominium corporations created before May 2001, all names have three parts:
Municipality or Region + Condominium Corporation No. + Number
Example: Toronto Standard Condominium Corporation No. 123
For condominium corporations created after May 2001, all names have four parts:
Municipality or Region + Condominium Type + Condominium Corporation No. + Number
Example: Toronto Standard Condominium Corporation No. 123
If you do not know your condominium corporation’s legal name, you can check your condo corporation’s declaration, by-laws, or rules, or ask your board or manager.
Condominium corporations are required to keep certain types of records. Condo unit owners, purchasers and mortgagees have a right to access these records. If you have requested access to (or copies of) your condo corporation’s records and you have an issue with how they have responded to your request, you should answer "Yes" to this question.
4.1 Did you request the records using the mandatory Request for Records form?
If you did not use the mandatory Request for Records form to make your request, you cannot file an application with the CAT about obtaining the records.
You must use the mandatory Request for Records form to request access to (or copies of) records from your condo corporation. This requirement is set out in
section 13.3(3) of Ontario Regulation 48/01
If you did not use the
Request for Records form
, it is possible that your condo corporation may not be legally required to respond to your request. Additionally, the CAT will likely not be able to accept your application.
If your condo corporation did not respond to you with the mandatory Board’s Response to Request for Records form, you can still file your CAT application.
4.2.1 Did your corporation respond to you within the past 60 days?
Please select all the above questions before answering this
If it has been more than 60 days since your condominium corporation responded to your request, your request is abandoned and you cannot file with the CAT.
Under
section 13.10 of Ontario Regulation 48/01,
your Request for Records will be considered abandoned if you do not file a CAT application within 60 days of receiving the Board’s response to your request.
4.2.2 Has it been at least 30 days since you sent your Request?
If it has been less than 30 days since you sent your request to your condominium corporation, you must wait until you receive a response or until 30 days have passed.
After you send the mandatory Request for Records form to your condo corporation, the condo has 30 days to respond. You will only be able to file a CAT application if:
You have received a response to your request; or,
30 days have passed since you made your request and you have not received a response.
Generally speaking, the CAT can only accept applications that deal with issues that occurred within the last two years. This is because of
section 1.36 of the Condominium Act, 1998.
The CAT may grant an extension if your issue occurred between two and three years ago. A CAT Member will decide whether or not to grant an extension once you file your application.
Extensions are not guaranteed. If the CAT does not grant you an extension, your $25 application filing fee will not be refunded.
Have a Question?
If you have a question about any of the information you’ve read, please contact us. We have a team available to answer any questions you may have.