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Middlesex Vacant Land Condominium Corporation No. 605 v. Cui - 2021 ONCAT 91 - 2021-10-01

Corporation:

MVLCC 605

Date:

2021-10-01

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Pets and Animals

Summary:

The case of Middlesex Vacant Land Condominium Corporation No. 605 v Cui deals with the enforcement of a condominium corporation's governing documents related to pet ownership. The Applicant alleged that the Respondent was in breach of the condominium corporation's declaration and rules, which restrict or govern pets or other animals in the unit, common elements, or assets, due to her two large dogs being unable to control themselves or clean up after them properly. The tribunal found the Respondent in breach of section 410 of the Declaration of MVLCC 605 and MVLCC 605 Rules E1 and E5, ordering her to permanently remove the dogs from the premises within 30 days of the date of the order, and to pay the Applicant's costs of $8,273.56. The tribunal also found that the Respondent had exhibited an unacceptable pattern of not respecting instructions and deadlines.

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Verdict:

The case involves a condominium corporation (Middlesex Vacant Land Condominium Corporation No. 605) seeking to enforce its rules and regulations regarding pet ownership against a unit owner. The tribunal found that Cui was in breach of the governing documents of the corporation and ordered her to permanently remove her two dogs from her premises within 30 days of the order. The tribunal also ordered Cui to pay the corporation's costs of $8,273.56, highlighting the potential financial consequences for individuals who fail to comply with the governing documents of their condominium corporation. This decision demonstrates the authority of condominium corporations to enforce their rules and regulations in order to maintain a harmonious living environment.

Takeaways:

Breach of governing documents: The case involved allegations of the Respondent, breaching the governing documents of Middlesex Vacant Land Condominium Corporation No. 605 (MVLCC 605) related to pet ownership. The applicant claimed that the Respondent's two large dogs were causing disturbances and the Respondent failed to properly control them or clean up after them.

Removal of dogs: The tribunal found the Respondent in breach of the governing documents and ordered her to permanently remove the dogs from her premises within 30 days of the order. This decision demonstrates the authority of condominium corporations to enforce their rules and regulations regarding pet ownership in order to maintain a harmonious living environment.

Costs awarded: The tribunal also ordered the Respondent to pay the Applicant's costs of $8,273.56. This highlights the potential financial consequences for individuals who fail to comply with the governing documents of their condominium corporation.

Recommendations: 

Compliance with governing documents: Condominium owners should ensure that they comply with the governing documents of their condominium corporation, including any rules and regulations regarding pet ownership. Reviewing and understanding these documents can help prevent potential breaches and disputes.

Proper pet management: Unit owners with pets should be responsible for properly controlling and managing their pets within the condominium premises. This includes keeping dogs under control, minimizing excessive barking, and promptly cleaning up after them to maintain a clean and peaceful living environment.

Seek legal representation: If faced with a dispute or legal proceedings related to condominium governance or breaches of the governing documents, seeking legal representation can be beneficial. In this case, the Respondent faced challenges in representing herself effectively and missed important deadlines. Hiring a qualified lawyer or paralegal can help navigate the legal process and ensure proper representation.

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