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Pavlovic v. Peel Condominium Corporation No. 216 - 2023 ONCAT 88 - 2023-07-13

Corporation:

PPCC 216

Date:

2023-07-13

Under:

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

Summary:

This case, Pavlovic v. Peel Condominium Corporation No. 216, revolves around a dispute regarding the enforcement of visitor parking provisions in the governing documents of the condominium corporation. The applicant alleges that the corporation did not correctly amend its declaration and breached subsection 107(3) of the Condominium Act, 1998. The corporation argues that it has amended its declaration in accordance with the Act. The hearing focused on whether the corporation complied with subsection 107(3) and addressed other concerns raised by the applicant.

Verdict:

In the case of Pavlovic v. Peel Condominium Corporation No. 216, the applicant claimed that the condominium corporation did not correctly amend its declaration related to visitor parking, alleging a breach of the Condominium Act, 1998. The tribunal found that the condominium corporation did amend its declaration in accordance with the Act and dismissed the application. The tribunal also declined to award costs to either party in this case.

Takeaways:

Here are 3-5 takeaways from the case "Pavlovic v. Peel Condominium Corporation No. 216, 2023 ONCAT 88":

Visitor Parking Amendment: The case revolved around an amendment made by Peel Condominium Corporation No. 216 (PCC 216) to its declaration regarding visitor parking. The amendment allowed owners to use visitor parking spaces, which were previously exclusively for visitors. The applicant believed that PCC 216 did not correctly amend its declaration and alleged a breach of the Condominium Act, 1998.

Compliance with the Condominium Act: The key issue was whether PCC 216 had properly amended its declaration in accordance with section 107(3) of the Condominium Act, 1998. The Act outlines specific procedures for amending declarations, including obtaining owner consents and holding meetings to consider such amendments.

Procedural Compliance: The tribunal found that PCC 216 had acted in accordance with subsection 107(3) of the Act. While the process of amending the declaration had its issues, including insufficient discussion, the tribunal determined that the requirements of the Act had been met. This meant that PCC 216's amendment was valid.

Other Concerns: Applicant raised additional concerns, such as a lack of enforcement of visitor parking provisions, potential violations of subsection 17(3) of the Act, and questions about the process of obtaining owner consents. The tribunal decided that these concerns were not within the scope of this hearing and therefore did not address them.

No Costs Awarded: The tribunal did not award costs to either party. PCC 216 sought a portion of its legal costs from the applicant but the tribunal determined that applicant's request for a hearing was justified given the circumstances, and she was not obligated to incur additional legal costs.

This case underscores the importance of complying with the Condominium Act when amending governing documents and the need for clear communication between condominium corporations and unit owners. It also highlights the significance of adhering to established procedures and providing ample opportunity for owners to consider and discuss amendments.




Recommendations: 

Ensure Timely and Effective Enforcement of Governing Documents: Condominium corporations should be proactive in enforcing their governing documents, including declarations and rules. Delayed enforcement can lead to disputes and potential legal action, as seen in this case. To maintain a harmonious living environment, timely and consistent enforcement of rules and regulations is essential.

Clear Communication with Owners: When making amendments to governing documents, such as declarations, condominium corporations should communicate clearly and transparently with unit owners. This includes providing adequate information about proposed changes and their potential impact. Clarity in communication can help prevent misunderstandings and conflicts.

Address Owner Concerns Promptly: Condominium corporations should take owner concerns seriously and address them promptly. Delaying or dismissing valid concerns can lead to disputes, legal action, and unnecessary expenses for all parties involved. Effective communication and conflict resolution can help maintain a positive community atmosphere.

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