Condominium Act, 1998, s. 55

Records 55 (1) The corporation shall keep adequate records, including the following records: 1. The financial records of the corporation. 2. A minute book containing the minutes of owners’ meetings and the minutes of board meetings. 3. A copy of the declaration, by-laws and rules. 3.1 The returns and notices that it has filed with the Registrar under Part II.1. 4. All lists, items, records and other documents mentioned in subsections 43 (4) and (5). 5. The report described in subsection 44 (8) that the corporation receives from the person who conducts a performance audit. 6. The records required under subsection 46.1 (3) and 83 (3). 7. A record of all reserve fund studies and all plans to increase the reserve fund under subsection 94 (8). 8. A copy of all agreements entered into by or on behalf of the corporation. 9. The report that the corporation receives from an inspector in accordance with subsection 130 (5). 10. All ballots or instruments appointing a proxy for a meeting of owners that are submitted at the meeting or delivered to the corporation before the meeting, including, for clarity, any record of votes cast through telephonic or electronic means before or at the meeting. 11. All other records, if any, that are prescribed. 12. Any additional records specified in the by-laws of the corporation. 1998, c. 19, s. 55 (1); 2015, c. 28, Sched. 1, s. 51 (1-3); 2023, c. 9, Sched. 7, s. 9 (1). Period of retention (2) In addition to satisfying the requirements of any taxing authority in Ontario, the government of Canada or any other jurisdiction to which the corporation is subject, the corporation shall retain the records mentioned in subsection (1) for the following periods of time: 1. For all financial records of the corporation described in paragraph 1 of subsection (1), at least six years from the end of the last fiscal period to which they relate or such longer period that is prescribed. 2. For those records described in paragraphs 2 to 11 of subsection (1), the period of time that is prescribed. 3. For those records described in paragraph 12 of subsection (1), the period of time specified in the by-law. 4. For all other records, the period of time that is prescribed. 2015, c. 28, Sched. 1, s. 51 (4). Method of retention (2.1) Records may be kept in electronic or paper form in accordance with the prescribed requirements, if any. 2015, c. 28, Sched. 1, s. 51 (4). Providing records to provider or manager (2.2) If a corporation has entered into an agreement with a condominium management provider or a condominium manager to receive condominium management services, the corporation shall provide the provider or manager, as the case may be, with any of the corporation’s records that the provider or manager reasonably requires and shall do so at the time and in the manner that is prescribed and in accordance with the prescribed requirements. 2015, c. 28, Sched. 2, s. 80 (8). Examination of records (3) The corporation shall permit an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing, to examine or obtain copies of the records of the corporation in accordance with the regulations, except those records described in subsection (4). 2015, c. 28, Sched. 1, s. 51 (4). Regulation power (3.1) Without limiting the generality of subsection (3), a regulation described in that subsection may, (a) specify processes that a person entitled to examine or obtain copies of records under that subsection must follow to do so; (b) specify processes that the corporation must follow to respond to requests for records; (c) specify fees that a corporation may charge for payment by a person who makes a request to the corporation to examine or obtain copies of records under that subsection, where the fees are for costs relating to the examination or copying of the requested records; and (d) prescribe forms for requests for records or responses to those requests. 2015, c. 28, Sched. 1, s. 51 (4). Exception (4) The right to examine or obtain copies of records under subsection (3) does not apply to, (a) records relating to employees of the corporation, except for contracts of employment between any of the employees and the corporation; (b) records relating to actual or contemplated litigation, as determined by the regulations, or insurance investigations involving the corporation; (c) subject to subsection (5), records relating to specific units or owners; or (d) any prescribed records. 1998, c. 19, s. 55 (4); 2015, c. 28, Sched. 1, s. 51 (5-7); 2023, c. 9, Sched. 7, s. 9 (2). Same (5) Clause (4) (c) does not prevent, (a) an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing from examining or obtaining copies of records under subsection (3) if the records relate to the unit of the owner, the unit being purchased or the unit that is subject to the mortgage, as the case may be; (b) an owner of a unit or an agent of the owner duly authorized in writing from examining or obtaining copies of records under subsection (3) if the records relate to the owner; or (c) an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing from examining or obtaining copies of the record that section 46.1 requires the corporation to maintain. 2015, c. 28, Sched. 1, s. 51 (8). Waiver (6) Despite subsections (3) and (4), a corporation may disclose a record described in clause (4) (b) but shall not disclose, (a) a record described in clause (4) (a); (b) subject to subsection (5), a record described in clause (4) (c); or (c) subject to the regulations, a record described in clause (4) (d). 2015, c. 28, Sched. 1, s. 51 (8). Admissible evidence (7) A copy that a corporation has certified under its seal to be a true copy of a record is admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts stated in it. 1998, c. 19, s. 55 (7). Penalty for non-compliance (8) A corporation that without reasonable excuse does not permit an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing to examine or to obtain copies of records under this section shall pay a sum determined in accordance with the regulations to the owner, purchaser or mortgagee on receiving a written request for payment from that person. 2015, c. 28, Sched. 1, s. 51 (9). Recovery of sum (9) The owner, purchaser or mortgagee may recover the sum from the corporation by an action in the Small Claims Court. 2015, c. 28, Sched. 1, s. 51 (9). Order for production of records (10) If a corporation without reasonable excuse does not permit an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing to examine or to obtain copies of records under this section, the Small Claims Court may order the corporation to produce the records for examination. 2015, c. 28, Sched. 1, s. 51 (9). Non-application (11) Subsections (8) to (10) do not apply to any matter in dispute for which a person may apply for resolution under section 1.36 to the Condominium Authority Tribunal established under Part I.2. 2015, c. 28, Sched. 1, s. 51 (9).