How to Request Condo Corporation Records in Ontario

You own a condo unit and you want to see how your building is run. Maybe you want the financial picture, the reserve fund, meeting minutes or the paperwork behind a special assessment. Knowing which documents exist, and which route to use, saves time and frustration.

This article explains the kinds of information an Ontario owner can often get, the documents that come to you without asking, and where a records disagreement can go. The exact request form, fee and response time for each type of record are set by the Act, its regulations and your own governing documents, so confirm those details before you rely on them.

Why owners ask for condo records

A condo corporation collects money from every owner, spends it on the shared parts of the building and makes decisions that affect your costs. Records are how you check that picture. Owners usually ask for them for a few common reasons.

• To understand where common expense fees are going.
• To see whether the reserve fund looks healthy before a special assessment arrives.
• To review board decisions, meeting records and any disputes with other owners.
• To prepare for buying, selling or challenging a charge on your unit.

Common expense fees pay for maintaining the common elements, reserve fund contributions, and services such as cleaning, building maintenance and condo management. That is why financial records are often the first thing owners want to see.

Reserve fund and status certificate information to look for first

Before you file a request, check what information you already have or can easily get. The reserve fund notice is the clearest example of something that reaches owners without a request.

• Reserve fund notice: within 15 days of proposing a funding plan, the board must send owners the Notice of Future Funding of Reserve Fund, which includes a summary of the study, a summary of the plan, and a statement of any areas where the plan differs from the study.
• Reserve fund study: a corporation must do updated reserve fund studies at least every three years after the first one. Each study is based on a physical analysis of components and a funding plan projected over at least 30 consecutive years. The notice gives you a summary of the study; whether you can see the full study depends on your situation, so it is worth confirming with a lawyer.
• Status certificate: when one is provided, it may include a statement on the most recent reserve fund study and the state of the fund, any arrears on the unit, special assessments levied since the current budget and why, and certificates of insurance.

The study, the plan and the notice also go to the corporation's auditor. If the summary you received leaves you with questions, those are good grounds for asking for more.

The status certificate as a records tool

A status certificate is most often requested when someone is buying or refinancing, but it is also a compact snapshot of the corporation's finances. It must be provided within 10 days. Whatever it includes or leaves out binds the corporation.

That last point matters in practice. In one court decision the Condominium Authority of Ontario describes, a buyer was exempt from their share of a special assessment because the status certificate had not clearly disclosed that assessments might be levied. If you are buying, read the certificate closely and keep a copy.

The fee for a status certificate is worth confirming before you pay, rather than relying on a figure you have heard. A lawyer can help you check the current amount.

Making a request for other records

For records beyond those above, such as minutes, financial statements or board correspondence, how to ask and what you can see depends on your situation, so it is worth confirming with a lawyer. What is clear is the order of authority: Ontario condos are governed by the Act, then the declaration, then the by-laws, then the rules, and if they conflict the Act takes priority.

Which records you can see, what the corporation can charge, and how quickly it must respond depend on those rules and on the type of record. Some records may also be limited for privacy or legal reasons. A lawyer can confirm the details for your situation before you send a request.

• Put the request in writing and keep a copy.
• Describe the records as specifically as you can, with date ranges.
• State clearly what you are asking for and how you want to receive it.
• Send it to the address the corporation or its management office designates.
• Record the date you sent it and note any reply.

If the corporation refuses or does not respond

Records are among the issues the Condominium Authority Tribunal can hear. Whether your particular dispute fits there depends on the facts, so confirm the right forum before filing.

Be careful about how you respond to a dispute. When an owner defaults on common expenses, the corporation automatically has a lien against the unit, covering the unpaid amount, interest and all reasonable legal costs and collection expenses. Do not stop paying fees without getting advice first.

What to do next

• Gather the notices, certificates and statements you already have.
• Write down exactly what you want to see and why.
• Check your declaration, by-laws and rules for anything about access to records.
• Send a clear written request and keep proof of when you sent it.
• Keep paying your common expenses on time while you wait.
• Speak with a lawyer if you receive no reply or are refused.

Frequently asked questions