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Metropolitan Toronto Condominium Corporation No. 570 v. Cetin et al. - 2023 ONCAT 116 - 2023-08-18

Corporation:

MTCC 570

Date:

2023-08-18

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Noise
Parking and Storage
Vehicles

Summary:

In the case of Metropolitan Toronto Condominium Corporation No. 570 v. Cetin et al. (2023 ONCAT 116), the Metropolitan Toronto Condominium Corporation No. 570 (MTCC 570) brought an application to the Condominium Authority Tribunal (CAT) against a tenant in MTCC 57, a unit owner in MTCC 579 and the landlord. The application sought an order requiring them to comply with the Condominium Act, 1998, and MTCC 570's governing documents. MTCC 570 alleged that Mr. Cetin created unreasonable noise, violated parking rules, and incurred costs associated with enforcing compliance.

Verdict:

In the case of Metropolitan Toronto Condominium Corporation No. 570 v. Cetin et al., the Metropolitan Toronto Condominium Corporation No. 570 (MTCC 570) sought an order to bring a tenant and his landlord into compliance with the Condominium Act, 1998, and MTCC 570's governing documents. The issues included noise complaints, parking rule violations, and the obligation of the landlord to ensure compliance. The tribunal ruled in favor of MTCC 570, finding that the tenant's actions constituted a nuisance and that he violated parking rules. It ordered the tenant to comply, and owner to take reasonable steps to ensure compliance. Additionally, both respondents were jointly and severally responsible for the costs incurred by MTCC 570 in this matter, which included costs related to enforcement attempts and legal costs, totaling $6,767.70.

Takeaways:

Persistent Noise Nuisance: The tribunal found that a tenant in Metropolitan Toronto Condominium Corporation No. 570 (MTCC 570), created unreasonable noise that constituted a nuisance. This noise included loud parties extending into the early morning hours, which substantially interfered with a neighbor's right to the quiet enjoyment of his unit. This constituted a violation of both the Condominium Act, 1998, and MTCC 570's governing documents.

Parking Violations: The respondent also violated MTCC 570's parking rules by parking an oversized vehicle in the underground parking and subsequently in an accessible parking space without proper authorization. These parking violations were also deemed a breach of the condominium's governing documents.

Joint and Several Responsibility: The tribunal held that resident's landlord shared joint and several responsibility for the noncompliance of his tenant, under the Condominium Act, as well as MTCC 570's declaration and rules.

Cost Awards: The tribunal awarded costs to MTCC 570, including costs for attempting to enforce compliance and the costs incurred during the legal proceedings. These costs, totaling $6,767.70, were jointly and severally assessed against Cetin and Maola.

Unresponsive Defendants: Neither the respondents joined the case or responded to the tribunal's notices, leading to the necessity of the legal proceedings and cost awards.

Recommendations: 

Enforce compliance with noise regulations: Metropolitan Toronto Condominium Corporation No 570 (MTCC 570) should take immediate action to enforce compliance with noise regulations outlined in their governing documents. Given the persistent and unreasonable noise created by Feyzullah Cetin, it is essential for MTCC 570 to address this issue promptly to ensure a peaceful living environment for all residents. This may involve issuing warnings, imposing fines, or taking legal action if necessary.

Address parking violations: MTCC 570 should address Rocco Maola's parking violations, such as parking an oversize vehicle in the underground parking and using an expired accessibility parking sticker that was not issued in his name. These violations not only disrupt the parking arrangements but also violate the condominium's governing documents. MTCC 570 should take appropriate actions to rectify the parking violations and ensure compliance with the parking rules.

Hold delinquent parties accountable: MTCC 570 should hold both Feyzullah Cetin and Rocco Maola accountable for their non-compliance with the Condominium Act and MTCC 570's governing documents. This may include imposing fines or other penalties as outlined in the governing documents and seeking reimbursement for the costs incurred by MTCC 570 in attempting to enforce compliance and for the costs of the legal proceedings. Holding delinquent parties accountable will help discourage future violations and maintain the integrity of the condominium community.

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