Condo owners often seek access to corporation records to stay informed and ensure transparency within their communities. But what’s the correct process, and are there limits on what can be requested?
In a recent interview with Patrick Nelson, a condo lawyer at Shibley Righton LLP, we delved into the nuances of obtaining condo records. Patrick provided valuable insights on the types of records available to owners, the limits on overly broad requests (often termed ‘fishing expeditions’), and the rights condo corporations have to protect certain information.
The Process for Obtaining Corporation Records for Condo Owners: Are Fishing Expeditions Allowed?
The Process for Requesting Condo Records
The procedure for requesting records is straightforward. The Condominium Authority of Ontario (CAO) offers an official form on their website, which owners must use when submitting a records request to their condo corporation. There are two main types of records that owners can request:
Core Records: These are readily accessible and commonly requested documents, including recent board meeting minutes, the corporation's declaration, bylaws, and rules. Core records are typically available at no cost and cover essential aspects of the condo’s operations.
Non-Core Records: Encompassing everything outside of core records, non-core records can be broader and may involve additional time or costs to access. These may include specialized reports or documents not regularly kept on hand.
Limits on Requests: Avoiding “Fishing Expeditions”
Patrick highlights that while owners have a right to request information, not all requests are permissible. Condo corporations aren’t required to fulfill overly broad or vague requests, often referred to as “fishing expeditions.” For instance, a request for "all information related to a certain problem" may be considered excessive and may complicate the response process for condo managers.
Instead, owners make specific requests for documents directly relevant to their concerns—such as engineering reports or official letters on certain issues. This focused approach makes the process smoother for both owners and corporations.
Information Owners Cannot Access
While transparency is encouraged, certain types of records remain restricted to protect privacy and legal interests. Condo owners typically cannot access:
Personal information about other owners or employees, except for specific contractual details.
Information related to current or anticipated litigation. If an owner is contemplating legal action against their corporation, the records request process isn’t intended for gathering evidence. The Condominium Act encourages corporations to redirect owners to the litigation discovery process in such cases.
By understanding these boundaries, owners and corporations can foster a more transparent, cooperative environment, with a clear framework for handling records requests.
Further Resources: Record Request in Condos
Want to read more relevant articles about records in condos? Check out these expert-written articles:
Our blog also offers a wealth of information on relevant condo law topics, making it a valuable resource for property managers and boards alike. Or, explore Stak’d, our library with over 10,000 hand-curated condo-related resources for additional summaries and tools, or dive deeper into our blog for more detailed discussions on topics that matter to you and your community.
Obtaining Condo Records and Avoiding Fishing Expeditions: Conclusion
By following the official procedure and making specific, reasonable requests, owners can ensure they are informed without overstepping legal boundaries.
It's important to remember that while transparency is key, certain records are protected for privacy and legal reasons, and requests should be focused and relevant to the issue at hand.
-Stratastic Inc.
P.S Need for consultations about condo records? Reach out to the team at Shibley Righton, or find more condo lawyers on our vendor directory, My Condo Vendor.
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