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Ottawa-Carleton Standard Condominium Corporation No. 656 v. Denize - 2022 ONCAT 124 - 2022-11-11

Corporation:

OCSCC 656

Date:

2022-11-11

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Odour

Summary:

In the case of Ottawa-Carleton Standard Condominium Corporation No. 656 v. Denize, the condominium corporation (OCSCC 656) alleged that a unit owner, violated their governing documents by creating smoke and odors that disturbed other owners. OCSCC 656 presented testimony from two witnesses who claimed second-hand smoke odors coincided with the respondent moving in. The respondent denied smoking and invited OCSCC 656 to investigate, which they refused. The tribunal found that OCSCC 656 did not establish that the respondent was in violation, as there was no direct evidence of his smoking, and the witnesses' complaints were insufficient proof. OCSCC 656 was criticized for not conducting an independent investigation. Consequently, the application was dismissed, and the respondent was awarded $4,000 for his legal costs.

Verdict:

Quick Verdict/Lesson:
In the case of Lafortune v. Carleton Condominium Corporation No. 37, the dispute related to access to records and the adequacy of records in a condominium context. The parties reached a consent order to resolve the matter, outlining terms that require the corporation to maintain detailed and organized meeting minutes, provide access to owners, and maintain respectful communication. The case emphasizes the importance of maintaining transparent and organized record-keeping practices within condominium corporations to ensure compliance with legal requirements and to foster amicable relationships among parties involved.

Takeaways:

Takeaways:

Condominium corporations must conduct reasonable investigations before making allegations against unit owners.
Testimonies and complaints alone may not be sufficient evidence in condominium disputes.
Legal costs may be awarded when a corporation's actions are deemed unreasonable or persistently unfounded.

Recommendations: 

Recommendations:

Condominium corporations should prioritize maintaining detailed and organized meeting minutes to provide transparency and a clear record of decisions.
Compliance with legal requirements, including disclosure and information update obligations, should be strictly followed to avoid disputes.
Encouraging respectful and amicable communication between parties, both written and verbal, can help prevent conflicts and maintain a harmonious living environment within condominium communities.

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