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Crough v. Wentworth Common Elements Condominium Corporation No. 571 - 2023 ONCAT 104 - 2023-07-31
Corporation:
CWCECC 571
Date:
2023-07-31
Summary:
In the case of Crough v. Wentworth Common Elements Condominium Corporation No. 571 (2023 ONCAT 104), Jacob Crough, the applicant, challenged the parking enforcement policies of Wentworth Common Elements Condominium Corporation No. 571 (WCECC571). He argued that WCECC571 had improperly enforced parking regulations and requested a cease in enforcement and reimbursement for three parking tickets. WCECC571 contended that the declaration's parking provisions were in error, which they intended to correct. The tribunal, represented by Member Mary Ann Spencer, ruled in favor of Crough, ordering WCECC571 to cease parking enforcement and awarding $200 in costs. However, no order was made regarding the corporation's rules
Under:
CAT Decisions - Decision
Parking and Storage
Reasonableness and/or Consistency of Governing Documents
Verdict:
In the case of Crough v. Wentworth Common Elements Condominium Corporation No. 571, the Condominium Authority Tribunal found that the corporation had improperly enforced the prohibition of owners' parking in visitors' spaces. The tribunal ordered the corporation to cease this enforcement until the number of visitors' spaces identified by signage matches the number designated in its governing documents and awarded the applicant $200 in costs. The tribunal did not grant the applicant's request for reimbursement of legal fees related to a separate consultation with a lawyer, as those fees were incurred voluntarily.
Takeaways:
Takeaways from the Crough v. Wentworth Common Elements Condominium Corporation No. 571, 2023 ONCAT 104 case:
Parking Enforcement Issue: The case primarily revolved around parking enforcement in a townhouse community. The condominium corporation sought to enforce parking restrictions, particularly related to visitor parking spaces, which led to a dispute with the condominium owner.
Declaration and Governing Documents: The tribunal examined whether the condominium corporation's actions were consistent with the governing documents, including the declaration and by-laws. Specifically, it questioned the corporation's enforcement of visitor parking spaces, which was contradictory to the number of spaces designated in the declaration.
Enforcement Not in Compliance: The tribunal found that the condominium corporation had improperly enforced parking restrictions and ordered it to cease such enforcement until signage for visitor parking spaces matched the number specified in the governing documents.
Costs Awarded: The tribunal awarded costs to Jacob Crough, totaling $200, covering the filing fees he paid for the tribunal proceedings. However, his request for further reimbursement of legal fees was not granted.
Rules and Directors' Powers: The tribunal clarified that its jurisdiction was limited to disputes related to governing documents and did not encompass disputes about rules or directors' actions beyond what was prescribed in the governing documents. This case highlighted the importance of interpreting and enforcing condominium governing documents accurately.
Recommendations:
Ensure consistency between governing documents and rules: It is important for a condominium corporation to ensure that its rules are consistent with its governing documents. In this case, the applicant alleged that the corporation had made rules that go beyond its jurisdiction and attempted governance over freehold homes. To avoid disputes such as this, corporations should follow the provisions of their declaration, by-laws, and rules. Amendments to the declaration should be made in accordance with the Condominium Act, 1998.
Clearly identify parking spaces: In this case, the tribunal found that the corporation had improperly enforced the provision in its declaration that prohibited owners from using visitor parking spaces. The corporation was ordered to cease enforcement until it properly identifies the designated visitor parking spaces and updates its signage to reflect the same number of spaces designated for visitors in its governing documents. It is essential for condominium corporations to properly identify parking spaces to avoid disputes and ensure proper enforcement of parking rules.
Engage in effective communication with owners: Communication is key to resolving disputes and maintaining harmonious relations between residents. In this case, the corporation had yet to hold an Annual General Meeting, and the validity of the reasons for the delay was called into question. Effective communication between the corporation and its owners can help prevent disputes from arising and ensure that residents understand their rights and obligations under the governing documents. Regular owner meetings, newsletters, and other forms of communication can foster mutual understanding and collaboration.