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Manna v. York Condominium Corporation No. 62 - 2023 ONCAT 24 - 2023-02-15

Corporation:

MYCC 62

Date:

2023-02-15

Under:

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

Summary:

In the case of Manna v. York Condominium Corporation No. 62, the applicant alleged that the condominium corporation failed to enforce various rules regarding visitor parking spaces, unit owner parking spaces, locker storage, and balcony storage. The respondent, York Condominium Corporation No. 62, argued that they had appropriately exercised their discretion in enforcing the rules. After reviewing the evidence, the tribunal found that the condominium corporation had been inconsistent in their enforcement of certain rules. As a result, the tribunal ordered the applicant to be reimbursed for her CAT fees in the amount of $200. The decision was made on February 15, 2023, by Susan Sapin, a member of the Condominium Authority Tribunal.

Verdict:

the quick verdict in one sentence is that the Condominium Authority Tribunal ruled in favor of the applicant ordering the respondent, York Condominium Corporation No. 62, to reimburse her for her CAT fees in the amount of $200, due to their failure to consistently enforce certain rules related to parking, storage on balconies, and visitor parking.

Takeaways:

Inconsistent enforcement: The tribunal found that York Condominium Corporation No. 62 had been inconsistent in enforcing certain rules related to parking, storage on balconies, and other issues. This highlights the importance of consistent enforcement practices to maintain a fair and harmonious condo community.

Communication and conflict resolution: The case revealed a strained and acrimonious relationship between the applicant and the board of directors of YCC 62. Effective communication and constructive conflict resolution are essential to prevent disputes and maintain a positive condo environment.

Compliance with governing documents: The tribunal emphasized YCC 62's duty to control, manage, and administer the common elements and ensure compliance with the Condominium Act, declaration, by-laws, and rules. All parties involved should adhere to these governing documents to uphold the rights and responsibilities of condo owners and maintain a functioning condominium.

Recommendations: 

here are some recommendations:

Consistent enforcement practices: Condominium corporations should be consistent in their enforcement of rules and regulations. Failure to do so can lead to disputes, as observed in this case.

Effective communication: Effective communication between the condo corporation, the board of directors, and unit owners is crucial to prevent misunderstandings, conflicts, and breaches of rules. Communication should be respectful, clear, and transparent.

Constructive conflict resolution: Disputes are inevitable in any relationship, but effective negotiation, mediation, and arbitration can resolve conflicts more amicably and cost-effectively than litigation. Condo corporations should consider early intervention and alternative dispute resolution mechanisms to minimize the escalation and costs of disputes.

Comply with Governing Documents: Owners, occupiers, and the corporation should comply with the Condominium Act, declaration, by-laws, and rules to uphold the rights and responsibilities of all parties involved. Failure to comply not only leads to legal consequences but also affects the safety, security and harmony of the condo community.

Professionalism: Both the corporation and unit owners must maintain professionalism and avoid personal attacks or petty behavior. Professionalism ensures that disputes are handled with dignity and respect, which can help to prevent future disputes and foster a peaceful living environment.

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