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Frontenac Condominium Corporation No. 56 v. Patterson et al. - 2023 ONCAT 35 - 2023-03-03

Corporation:

FCC 56

Date:

2023-03-03

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Other Type of Nuisance, Annoyance or Disruption
Parking and Storage
Vehicles

Summary:

The case "Frontenac Condominium Corporation No. 56 v. Patterson et al." (2023 ONCAT 35) involves allegations of breaches of condominium rules by tenant. The breaches include excessive noise, unauthorized storage of materials, improper parking, and creating nuisance or disruption to other residents. Despite the tenant choosing not to participate, the tribunal found the allegations against her to be true based on credible and consistent evidence provided by the condominium corporation and the unit owner. As a result, the tribunal ordered the tenant to cease the mentioned activities and awarded the condominium costs, including filing fees and a portion of legal expenses, totaling $7,440.76.

Verdict:

This case underscores the importance of shared responsibilities between unit owners and condominium corporations in enforcing compliance with rules and addressing tenant misconduct. It also highlights the need for fairness in cost allocation, with the uncooperative tenant bearing some of the financial responsibility. Clear communication and cooperation between all parties can help resolve condominium disputes effectively.

Takeaways:

Compliance with Condominium Rules: The case involves a tenant who breached the condominium's rules, causing unreasonable noise, storage of unauthorized materials, and improper parking, as detailed in the declaration and rules of the condominium. The Tribunal upheld the breach of rules and ordered the tenant to cease such activities.

Responsibility of Unit Owners: Unit owners are responsible for ensuring their tenants' compliance with condominium rules, but condominium corporations also have a shared duty to enforce compliance. In this case, the unit owner made efforts to deal with tenant misconduct, cooperated with the condominium, and participated in legal proceedings.

Cost Allocation: While the unit owner is responsible for seeking to remedy issues caused by tenants, it's important to consider fairness when allocating costs. The tenant, who was uncooperative and refused to participate in proceedings, was ordered to pay a portion of the condominium's costs, while the unit owner was not required to cover significant costs.

Impact of Future Expenses: The order does not address potential future expenses related to the tenant's conduct, leaving open the possibility for further claims by the condominium corporation.

Recommendations: 

Recommendations:

Clear Communication: Unit owners and tenants should maintain open communication with the condominium corporation and promptly address any issues related to rule violations or nuisances.

Cooperation: All parties involved, including tenants, unit owners, and condominium management, should cooperate to resolve disputes and ensure compliance with rules and regulations.

Legal Guidance: Seek legal advice when dealing with tenant misconduct or condominium disputes to understand your rights and responsibilities.

Documentation: Maintain records of communications and actions taken to address rule violations or nuisances for potential legal proceedings.

Enforcement: Condominium corporations should actively enforce their rules and governing documents while being mindful of fairness and proportionality when seeking cost recovery.

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