
Boulos v. Toronto Standard Condominium Corporation No. 1997
Corporation:
Date:
2025-01-31
Summary:
This case deals with a condo owner who disputed two charges imposed by the condominium corporation. The Condominium Authority Tribunal (CAT) of Ontario ruled that the corporation was entitled to charge back costs for repairing damage to common elements caused by the owner's tenant but the fine for a by-law infraction was not enforceable.
Under:
Records, Fines/Charges
Verdict:
The Condominium Authority Tribunal (CAT) held that the condominium corporation was entitled to recover costs for repairing damage to common elements caused by the owner's tenant but not to impose a fine for a by-law infraction. This decision emphasizes that fines for by-law infractions may not be enforceable unless explicitly provided for in the condominium declaration.
Takeaways:
- Condominium corporations can recover costs from unit owners for repairs to common elements caused by the owner's tenant.
- Fines for by-law infractions cannot be enforced unless the condominium declaration explicitly allows for it.
- Condominium corporations should ensure they clearly communicate charges and their reasons to unit owners.
Recommendations:
- Condominium corporations should ensure their declaration explicitly allows for fines for by-law infractions if they wish to enforce such fines.
- They should also clearly communicate any charges and the reasons for them to unit owners.
- They should ensure that unit owners are aware of their responsibilities for the actions of their tenants, including potential costs for damage to common elements.