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Peel Standard Condominium Corporation No. 843 v. Thackorie - 2022 ONCAT 150 - 2022-12-28

Corporation:

PSCC 843

Date:

2022-12-28

Under:

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

Summary:

In the case of "Peel Standard Condominium Corporation No. 843 v. Thackorie," the condominium corporation (PSCC 843) filed an application against the respondent for breaching the condominium's governing documents related to parking. Despite multiple warnings and legal notices to comply with the parking regulations, The respondent continued to park multiple motorcycles in his parking spot in contravention of the declaration, by-laws, and rules. As he did not participate in the case, the hearing proceeded as a default proceeding. The Tribunal ruled in favor of PSCC 843, ordering the respondent to immediately comply with the parking regulations and pay legal costs of $2,150. This case highlights the importance of adhering to condominium governing documents and the potential legal consequences for non-compliance, including bearing the legal costs.

Verdict:

Quick Verdict: In the case of "Peel Standard Condominium Corporation No. 843 v. Thackorie," the Tribunal found the respondent in violation of the condominium's governing documents related to parking. Despite multiple warnings and notices, he continued to park more than one motorcycle in his parking spot. The Tribunal issued an order for the respondent to immediately comply with the parking regulations and cease parking multiple motorcycles in any of his parking spots. Additionally, he was ordered to pay legal costs of $2,150 to the condominium corporation. This case underscores the importance of adhering to condominium rules and the potential legal consequences of non-compliance.

Takeaways:

Takeaways:

Non-compliance with condominium governing documents, such as parking regulations, can lead to legal action by the condominium corporation.
Multiple warnings and notices are usually given before legal proceedings are initiated to resolve compliance issues.
Owners must cooperate with condominium rules and regulations to avoid legal consequences and potential financial liabilities.
Legal costs may be awarded in cases of non-compliance, and these costs can be substantial.
Non-participation in legal proceedings may result in orders issued without the defendant's input.

Recommendations: 

Recommendations:

Condominium owners should strictly adhere to the governing documents, including parking regulations, to avoid legal disputes and associated costs.
Promptly address and rectify any violations or non-compliance when notified by the condominium management or legal counsel.
Non-participation in legal proceedings may result in adverse decisions, so it's advisable to engage and respond to legal notices.
Condominium corporations should clearly communicate the potential consequences of non-compliance to owners and, when necessary, seek legal action for enforcement.
Legal fees incurred due to non-compliance can be substantial, and partial indemnity costs may be awarded in cases where owners do not participate in proceedings.

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