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Davy v. Toronto Standard Condominium Corporation No. 2121 - 2021 ONCAT 114 - 2021-12-01

Corporation:

DTSCC 2121

Date:

2021-12-01

Summary:

Amanda Davy, the owner of a unit in Toronto Standard Condominium Corporation No 2121, contested the corporation's decision to deny her visitor parking passes for a family member's car that she occasionally uses for personal errands. The condominium corporation, which has 469 units and only 40 visitor parking spaces, argued that it was enforcing its rules to address parking issues and protect the interests of all owners. The Condominium Authority Tribunal member, Keegan Ferreira, ruled that the corporation's parking rules were reasonable, and the rules concerning visitor parking passes were being applied consistently. Ferreira found that Davy was not entitled to receive visitor parking passes for her vehicle, and she must cease parking in the visitor parking area.

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Parking and Storage
Reasonableness and/or Consistency of Governing Documents

Verdict:

Based on the information provided in the scrape, the quick verdict/lesson from the case "Davy v Toronto Standard Condominium Corporation No 2121" is that the applicant was not entitled to visitor parking passes for the vehicle that she borrowed occasionally, as the condominium corporation's rules were found to be reasonable and being applied consistently. The decision highlights the importance of enforcing compliance with governing documents, such as parking rules, to protect the interests of all owners and address parking issues in a fair and equitable manner.

Takeaways:

Parking rules: This decision by the Condominium Authority Tribunal reaffirms the importance of clear and consistent parking rules for condominium corporations. In this case, the tribunal found that the condominium corporation's parking rules, which limited visitor parking passes, were reasonable and being applied consistently.

Compliance with governing documents: This case also highlights the importance of complying with governing documents such as the condominium corporation's rules. The Respondent (the condominium corporation) was found to be enforcing these rules to protect the interests of all owners and prevent parking issues. It is important for condominium boards to ensure that their decisions align with the rules set out in their governing documents.

Reasonable and consistent decision-making: The tribunal's decision emphasized the importance of reasonable and consistent decision-making by the condominium corporation. In this case, the Respondent's decision to deny visitor parking passes for the Applicant's vehicle was found to be consistent with the corporation's parking rules and fair to all owners. It is crucial for boards to consider all relevant factors and make decisions that are proportionate and consistent with their governing documents.

Recommendations: 

Clear communication: It is important for condominium corporations to have a clear and efficient system for acknowledging and responding to requests for records from unit owners. This ensures that owners are aware that their requests have been received and allows for timely delivery of the requested records.

Consistent application of redaction rules: Condominium corporations should establish clear guidelines for redacting parts of meeting minutes. These guidelines should consider the applicable laws and regulations, such as solicitor-client privilege, and ensure that any redactions are consistent and properly justified.

Training on record keeping and access: It is crucial for condominium board members and personnel to receive adequate training on record keeping and access. This includes understanding the rights of unit owners to access relevant records and the potential limitations or exceptions, such as solicitor-client privilege. By being well-informed, condo boards can ensure compliance with the law and a smooth process for responding to access requests.

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