Condominium corporations (through the board of directors) are responsible for complying with their legal obligations, as outlined in the Condominium Act, 1998, related to the production, maintenance and access to records. The board, in turn, often delegates the responsibility of maintaining corporation records to the condominium manager or management provider business.
If they are contracted in such a way, the condominium manager or management company is obligated to ensure records are accurate and detailed, and that confidential information is protected. Records must also remain accessible and produced in a timely manner if requested.
When it comes to the handling of records, a condominium manager’s duties include:
- keeping records for a minimum of six years
- making and retaining copies for contract purposes
- ensuring records are secure
- not using or disclosing records unless required by the law
- adhering to legal and ethical obligations
- transferring records at termination of contract
Transferring Condominium Corporation Records
As outlined in legislation, when a management contract with a client comes to an end, the licensee is obligated to transfer all documents and records no later than 15 days after termination. However, out of professional courtesy, condominium managers typically transfer records even sooner.
If records do not yet exist when the contract is terminated, licensees must create, copy and transfer the record to the client no later than 30 days after termination of the contract.
The CMRAO actively promotes diligent and ethical record-keeping. When assessing a complaint related to the transfer of records, the CMRAO will consider the timeliness, due diligence, quality and completeness of the transfer in determining the appropriate course of action.