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Calderon v. York Condominium Corporation No. 274 - 2021 ONCAT 101 - 2021-11-02

Corporation:

CYCC 274

Date:

2021-11-02

Under:

CAT Decisions - Decision
Access to Records
Adequacy of Records
Fees, Costs, Penalties
Parking and Storage
Pets and Animals
Reasonableness and/or Consistency of Governing Documents

Summary:

The case of Calderon v. York Condominium Corporation No. 274 dealt with disputes related to pet rules and parking rules enforced by the condominium corporation. The applicant alleged that the board of directors had selectively enforced the rules, allowing some residents to violate them while targeting him and other residents. The applicant also requested a copy of the grounds map, which he believed was not provided promptly.

The Condominium Authority Tribunal found that the applicant did not provide sufficient evidence to show inconsistent enforcement of the rules. They acknowledged that YCC 274 did provide the grounds map as requested. As a result, no penalty was warranted, and neither party was entitled to an award of costs.

Verdict:

The case of Calderon v. York Condominium Corporation No. 274 centered around the enforcement of pet and parking rules, as well as a request for a grounds map. The tribunal found that the petitioner did not provide sufficient evidence to prove inconsistent enforcement, and that YCC 274 did provide the grounds map as requested. The lesson from this case is that consistent enforcement of condominium rules is important, and that sufficient evidence is necessary to support allegations of inconsistent enforcement.


Takeaways:

The case involved disputes related to pet and parking rules enforced by the condominium corporation. The applicant alleged that the board of directors had selectively enforced the rules, targeting him and other residents, while allowing some to violate them. The tribunal found that the applicant did not provide sufficient evidence to prove inconsistent enforcement.

The case also involved a request for the grounds map, which the applicant believed was not provided promptly. However, the tribunal found that the corporation did provide the grounds map as requested and that no penalty was warranted.

The tribunal also considered YCC 274's allegation that the applicant's applications were vexatious and should be dismissed. However, the CAT Chair issued a motion order finding that there were not sufficient grounds to grant YCC 274's motion to declare the applicant's behaviour vexatious.

Recommendations: 

Enhance enforcement consistency: To address concerns raised about inconsistent enforcement of pet and parking rules, it is recommended that the York Condominium Corporation No. 274 (YCC 274) establish clear protocols and guidelines for the consistent enforcement of rules. This should include training for the board members, staff, and security personnel to ensure they understand and apply the rules consistently and fairly to all residents.

Improve communication and transparency: To foster better communication between the board and residents, it is recommended that YCC 274 establish effective channels for sharing information, such as regular newsletters, community meetings, or an online platform dedicated to addressing residents' concerns. Providing clear and timely communication on rules, enforcement actions, and any changes or updates can help prevent misunderstandings and promote transparency within the community.

Strengthen records management practices: Given the dispute related to the request for a grounds map, it is recommended that YCC 274 review and improve its record-keeping practices. This includes implementing a centralized and well-organized system for storing and retrieving records, ensuring prompt responses to records requests, and appointing a designated staff member responsible for records management. These measures will help avoid delays and facilitate the timely provision of requested records, reducing the likelihood of disputes related to access to information.

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