When Does a Consultant’s Report Become a “Record” of the Condominium Corporation?
In Morassut v. Middlesex Standard Condominium Corporation No. 922, the condominium corporation had retained an engineer to investigate certain deficiencies pertaining to the humidity levels and leaks in the parking garage in the condominium building. To fully investigate these deficiencies, the engineer retained (or subcontracted) a specialist to undertake certain investigative work including data collection, humidity probing and weeping tile scoping. The specialist completed this investigative work and prepared reports summarizing the findings, which were then submitted to the condominium’s engineer to be analyzed.
The condominium corporation refused to share the specialist’s reports with an owner and as a result, the owner started a CAT application against the corporation. The main issue considered by the Tribunal in this matter was whether the specialist’s reports formed part of the corporation’s records under section 55(1) of the Condominium Act.
According to Section 13.1 (1) 9 of Regulation 48/01, a condominium’s records include:
“All reports and opinions of an architect, engineer, or other person whose profession lends credibility to the report or opinion, that the corporation receives and that relate to physical features of the property…”.
Even so, the Tribunal concluded that the specialist’s reports were not records of the condominium corporation because the Board had not yet formally reviewed and accepted these reports as part of the technical advice being provided to the corporation (even though a few Board members had in fact seen these reports). Instead, the specialist’s reports would be analyzed by the condominium’s engineer and might potentially be incorporated into the engineer’s report to be provided to the Board in relation to the identified deficiencies. Once the Board received and accepted the engineer’s report, the report, at that point, would become a record of the corporation (and might or might not include the specialist’s reports as supporting schedules).
Ultimately, the key takeaway from this decision is that a consultant’s report only becomes a record of the condominium corporation upon the Board formally receiving and accepting the report.
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