Can a corporation charge for record inspections? 0
Dear Tony: I have a simple question. Is the strata manager permitted to charge me as an owner by the hour, to inspect records that they are required to maintain for our strata corporation? There have been a number of charges on our accounts lately that the strata council could not explain. They advised we could inspect the records or request a copy of the records if we chose. We made an appointment to inspect the records at the management company and when we showed up the company refused to allow us to inspect the records until we had paid a $100 deposit. How are owners supposed to access the records if we have to pay for inspections? — Art Meyers
Dear Art: Neither the strata corporation or a strata manager is permitted to charge an owner or tenant to inspect the records. If there is a charge to inspect records, that amount would be contractual between the strata corporation and the strata manager, and would be stipulated in the service agreement between the parties. Owners and tenants are permitted to inspect records on reasonable notice, without any charge.
Contact the strata manager and demand your deposit be refunded. The strata manager is not in a contractual relationship with you the owner directly and is not permitted to charge you fees outside of the scope of the service agreement with the strata corporation.
For other types of charges, if a strata corporation charges user fees set out in its rules or bylaws, or administration fees or costs for collections, or for the recovery of damages or debts, those amounts are charged by the strata corporation to the owner.
The strata management company may be collecting the fees or charges on behalf of the strata corporation, they are not collecting them with respects to charges associated with the administration of the strata corporation contract.
The records are the property of the strata corporation and you are entitled to copies of the permitted records and access to review.