An Ontario condominium owner asked to examine the corporation's records, and the board refused. Which body hears the owner's application to resolve this records dispute?
Correct Answer
D) The Condominium Authority Tribunal
Disputes about an owner's right to examine or obtain copies of records under s. 55 are prescribed disputes under O. Reg. 179/17, s. 1(1), so the owner applies to the Condominium Authority Tribunal under s. 1.36(2) of the Condominium Act, 1998. The Tribunal hears only prescribed disputes; others, such as oppression claims under s. 135, go to the Superior Court of Justice.
Why This Is the Correct Answer
A refusal to let an owner examine records engages s. 55, and disputes under s. 55 are prescribed by O. Reg. 179/17, s. 1(1). An owner may apply to the Condominium Authority Tribunal for a prescribed dispute under s. 1.36(2).
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