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TOPIC:
#541
Jony ()
Request history of Insurance claims 2007/08/02 20:32  
Can we provide the history of the insurance claims to the unit owner ? unit owners suspect that there are false claims made by the old president and old PM.
Now One unit owner gave us a written letter to provide the history of the insurance claims for past 6 years.
will the insurance company provide us the history of claims ? do we have to pay ? if so, do we have to charge back to the unit owner ?
Please advise me.
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#561
Yvon ()
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Re:Request history of Insurance claims 2007/08/03 22:56  
Hello Jony,

I'm not sure I understand the first question. Are you intending to give claims information to all the unit Owners? If that is the case, subsection 55(4) of the Condominium Act, 1998 does not permit you to do so where the information involves a specific unit Owner.

If you request the claims history of your Corporation, I'm sure the insurance company would oblige. As you are a customer, I would insist that such history be provided at no cost to the Corporation. As well, do you not have such information already in the Records of your Corporation?
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#562
Jony ()
Re:Request history of Insurance claims 2007/08/03 23:02  
Thanks Yvon, I was talking about History of the corperation.

Records ?,we have nothing in our building.who knows what we have.
Anyways,we are in the process of making things right.
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#567
wotan ()
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Re:Request history of Insurance claims 2007/08/04 06:51  
Section 55(5) of the Condominium Act allows an individual owner, a purchaser, mortgagee or agent of the owner to examine the records of a particular unit. This supercedes Section 55(4) which would not allow the owner of Unit X from examining the records relating to Unit Y.

Here is the appropriate section of the Act:

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 ownersĺ meetings and the minutes of board meetings.

3. A copy of the declaration, by-laws and rules.

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 47 (2) 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 other records as may be prescribed or specified in the by-laws of the corporation.

55. (4) The right to examine 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 pending litigation or insurance investigations involving the corporation; or
(c) subject to subsection (5), records relating to specific units or owners.

55. (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 from examining records under subsection (3) that 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; or

(b) an owner of a unit or an agent of the owner from examining records under subsection (3) that relate to the owner.


So an owner can request the records of insurance claims made against his/her own unit or against the condominium, but not against another unit in my humble opinion. However, I am not a solicitor, so if you still have some doubts, I suggest getting the consultation of the condomiminium's solicitor.
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#568
Yvon ()
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Re:Request history of Insurance claims 2007/08/04 07:00  
Yes, Wotan is correct. A unit Owner can examine Records pertaining to his unit but my concern was that, in accordance with subsection 55(4), Jony's Board cannot divulge specific insurance Records to all unit Owners within the Corporation.

I disagree with Wotan however, on his suggestion that the Board use unit Owners' money to consult a lawyer in this regard. On this issue, the Act is clear and such an expenditure, in my opinion, would be a complete waste.
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#574
wotan ()
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Re:Request history of Insurance claims 2007/08/04 17:30  
Yvon, neither of us is a solicitor. Anyway you took my statement out of context. I stated "I am not a solicitor, so if you still have some doubts, I suggest getting the consultation of the condomiminium's solicitor."
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#575
Yvon ()
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Re:Request history of Insurance claims 2007/08/04 18:22  
Acknowledged Wotan, neither one of us is a lawyer. With all due respect, I certainly did not take your comments "out of context". Simply put, consulting and paying a lawyer for such a simple and clear issue outlined in the Act is a complete waste of unit Owner funds. Of course, I agree 100% with consulting a lawyer at unit Owners' expense when the matter warrants.
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#580
wotan ()
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Re:Request history of Insurance claims 2007/08/04 23:34  
Yvon wrote:
Acknowledged Wotan, neither one of us is a lawyer. With all due respect, I certainly did not take your comments "out of context". Simply put, consulting and paying a lawyer for such a simple and clear issue outlined in the Act is a complete waste of unit Owner funds. Of course, I agree 100% with consulting a lawyer at unit Owners' expense when the matter warrants.

If there is a clear issue, then a solicitor will not be required. However, if there are any doubts or concerns, then one should consult a solicitor. That's my point.
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#581
Yvon ()
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Re:Request history of Insurance claims 2007/08/04 23:36  
LOL - Ok Wotan, agreed!
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#596
Re:Request history of Insurance claims 2007/08/05 16:39  
Jony wrote:
Records ?,we have nothing in our building.who knows what we have.
Anyways,we are in the process of making things right.[/
quote]

This may be the biggest of your problems. Poor record keeping is endemic in condominiums and fosters an unwholesome dependence on PMC's.

We would be very interested in hearing the outcome of your efforts at "making things right", which we take to mean rebuilding your records.
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