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Dibenedetto v. York Region Standard Condominium Corporation No. 1196

Corporation:

​

Date:

2025-02-20

Summary:

This case involves a resident who consistently violated the condominium's rule regarding noise disturbances. Despite several warnings and complaints from other residents, the offending resident failed to comply, prompting the condominium corporation to seek enforcement through the CAT.

Under:

Noise, Enforcement of Rules

Verdict:

The CAT ruled in favor of the condominium corporation, emphasizing the need for residents to respect and adhere to the rules and regulations set out by the condominium corporation. This decision underscores the authority and power of condominium corporations to enforce their rules, as well as the potential legal consequences for residents who fail to comply.

Takeaways:

- Condominium corporations have the authority to enforce rules and regulations, especially when they negatively impact the living conditions of other residents.
- Failure to comply with the rules and regulations of a condominium corporation can result in legal action being taken, with the CAT serving as the mediator.
- It is essential for residents to heed warnings and notices issued by the condominium corporation to avoid legal issues.

Recommendations: 

- Condominium boards should ensure that their rules are clear, enforceable, and communicated effectively to all residents.
- When faced with persistent rule violations, boards should not hesitate to enforce their rules and, if necessary, take legal action to ensure the comfort and peace of all residents.
- Boards should document all complaints and warnings issued to residents, as this evidence may be vital in potential legal proceedings.

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