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Metropolitan Toronto Condominium Corporation No.818 v. Tahseen et al. - 2022 ONCAT 8 - 2022-01-18
Corporation:
MTCC 818
Date:
2022-01-18
Summary:
This case involves a dispute between Metropolitan Toronto Condominium Corporation No. 818 (“MTCC 818”) and two unit owners who allegedly failed to comply with various provisions in MTCC 818's declarations, by-laws, and rules. Specifically, the unit owners parked their car in their exclusive use common element parking space while it was leaking oil onto the parking space, which caused damage to the parking garage. The MTCC 818 requested an order allowing it to access the parking space for the purpose of carrying out repairs and an order for reimbursement of its costs to repair the damage and legal costs incurred in seeking compliance. The tribunal found that the unit owners failed to comply with MTCC 818's governing documents, and ordered them to provide access to the parking space for necessary repairs and reimbursed MTCC 818 for repair and legal costs.
Under:
CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Parking and Storage
Verdict:
The case involves Metropolitan Toronto Condominium Corporation No. 818 and two unit owners who parked their car in their exclusive use common element parking space while it was leaking oil, resulting in damage to the parking garage. The tribunal found that the unit owners failed to comply with MTCC 818's governing documents regarding parking regulations. The tribunal ordered the unit owners to provide access to the parking space for necessary repairs and reimburse MTCC 818 for repair costs, legal costs, and fees paid to the tribunal. The lesson to note is the importance of complying with governing documents and to be cautious with regard to following parking regulations to prevent the occurrence of disputes and potential legal proceedings that may arise from violations.
Takeaways:
Dispute over oil leakage in a condominium parking space: The case involves Metropolitan Toronto Condominium Corporation No. 818 ("MTCC 818") and two unit owners who parked their car in their exclusive use common element parking space while it was leaking oil. This resulted in damage to the parking garage.
Allegation of non-compliance with governing documents: MTCC 818 claimed that the unit owners failed to comply with various provisions in its declarations, by-laws, and rules. The corporation sought an order for access to the parking space to carry out repairs and reimbursement for repair and legal costs.
Identification of potential animosity between parties: Respondent A raised the issue of animus towards him by MTCC 818, citing past disputes and complaints filed against the corporation and its board members.
Failure to comply with governing documents determined: The tribunal found that the unit owners indeed failed to comply with MTCC 818's governing documents regarding parking regulations.
Orders issued for repairs and reimbursement: The tribunal ordered the unit owners to provide access to the parking space for necessary repairs and to reimburse MTCC 818 for repair costs, legal costs, and fees paid to the tribunal. The total amount owed by the unit owners was specified in the order.
Recommendations:
Clear and consistent communication: The case highlights a breakdown in communication between Metropolitan Toronto Condominium Corporation No. 818 and the unit owners. It is recommended to establish clear and consistent communication channels, including written notices and timely responses, to address any violations or issues related to governing documents.
Regular inspections and maintenance: In order to prevent similar disputes and damages, it is advisable for condominium corporations to conduct regular inspections of common areas, such as parking garages, to identify potential issues like oil leaks. This can help in addressing the problems promptly and avoiding further damage.
Fair enforcement and dispute resolution: To avoid any perceptions of bias or animosity, it is important for condominium corporations to approach the enforcement of rules and regulations in a fair and objective manner. By ensuring fair enforcement and providing transparent dispute resolution processes, like the Condominium Authority Tribunal, it can help alleviate conflicts and promote a harmonious living environment within condominium communities.