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Halton Standard Condominium Corporation No. 427 v. Foley et al. - 2023 ONCAT 94 - 2023-07-18
Corporation:
HSCC 427
Date:
2023-07-18
Summary:
In the case of Halton Standard Condominium Corporation No. 427 v. Foley et al. (2023 ONCAT 94), the Halton Standard Condominium Corporation No. 427 (HSCC 427) brought an application to the Condominium Authority Tribunal (CAT) requesting an order to permanently remove a dog from the condominium unit of the respondents. HSCC 427 alleged that the respondents were in violation of pet nuisance and noise rules, as well as its declaration, due to the respondents allowing their dog to roam the common elements without a leash, relieving itself there, and causing excessive disturbances through barking. The respondents had not complied with the condominium's rules despite repeated notices, and the condominium board had deemed the dog a nuisance, requiring its removal. The CAT found in favor of HSCC 427, ordering the Foleys to remove the dog from their unit and pay various costs, including pre-CAT costs and legal fees.
Under:
CAT Decisions - Decision
Compliance with Governing Documents
Noise
Other Type of Nuisance, Annoyance or Disruption
Pets and Animals
Verdict:
it appears that the decision in case 2023-00263N of Halton Standard Condominium Corporation No 427 v Foley et al is that respondents are ordered to permanently remove their dog from their condominium unit due to violations of the condo rules and declaration. They are also required to pay legal costs and fees to HSCC 427. The lesson from this case is that it is important for condo owners to comply with the governing documents and rules set by the condominium corporation to avoid legal consequences.
Takeaways:
here are three key takeaways from the case "Halton Standard Condominium Corporation No 427 v Foley et al":
Non-compliance with pet rules: The case revolves around Halton Standard Condominium Corporation No 427 (HSCC 427) requesting the removal of the respondent's pet dog from their condominium unit. HSCC 427 argues that the respondents have violated its pet nuisance and noise rules by allowing their dog to roam the common elements without a leash, relieving itself on the common elements, and causing excessive barking.
Default proceeding: The respondents did not participate in the case, resulting in it proceeding as a default proceeding. As a result, the only evidence considered was that presented by HSCC 427.
Decision and orders: The tribunal found that the respondents had not complied with HSCC 427's rules and declaration. The tribunal ordered the respondents to remove their dog from their unit within 15 days of the decision, and to pay costs incurred by HSCC 427, including legal costs and the filing fee.
Recommendations:
Clear Communication of Condominium Rules: Condominium corporations should ensure that unit owners receive and understand the condominium rules and governing documents. This includes providing written notices and reminders to owners about their responsibilities, especially when it comes to issues like pet ownership and conduct in common areas.
Timely Resolution of Disputes: Encourage the timely resolution of disputes related to non-compliance with governing documents. This can help prevent issues from escalating and save time and resources for all parties involved. In the case of ongoing non-compliance, it's essential for condominium corporations to take appropriate legal action promptly.
Transparent Cost Recovery Mechanisms: Condominium corporations should have transparent cost recovery mechanisms in place, as outlined in their governing documents, to seek compensation for damages incurred due to non-compliance. This can include recovering legal costs, Tribunal fees, and any other expenses associated with addressing violations of the rules and declarations.