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Reid v. Ottawa-Carleton Standard Condominium Corporation No. 878 - 2021 ONCAT 39 - 2021-05-07

Corporation:

ROCSCC 878

Date:

2021-05-10

Under:

CAT Decisions - Decision
Pets and Animals
Procedural Issue with Governing Documents
Reasonableness and/or Consistency of Governing Documents

Summary:

In the case of Reid v Ottawa-Carleton Standard Condominium Corporation No 878, the applicant requested the repeal of Rule 31, which restricts owners from bringing pets into or through the front lobby of the condominium building. The applicant argued that the rule violated the Condominium Act as it was inconsistent with the respondent's declaration and not reasonable. However, the respondent claimed that the rule was reasonable and had been amended in 2019 to address owners' concerns. The tribunal found that the respondent's Rule 31 was consistent with its declaration and reasonable, dismissing the applicant's request for repeal. Additionally, it was determined that the respondent did not follow the proper legislative requirements when amending the rule in 2019, and the 2017 version of Rule 31 was upheld.

Verdict:

the quick verdict is that the tribunal in Reid v Ottawa-Carleton Standard Condominium Corporation No 878 upheld Rule 31, which restricts owners from bringing pets into or through the front lobby of the condominium, as consistent and reasonable. However, the respondent was found to have not followed legislative requirements when amending the rule in 2019. The lesson from this case is that while the rule was found to be reasonable and consistent, it highlights the importance of compliance with proper procedures when amending governing documents to ensure compliance with the law.

Takeaways:

The applicant, Trevor Reid, requested the repeal of Rule 31, which restricts owners from bringing pets into or through the front lobby of the condominium building. He argued that the rule violated the Condominium Act as it was inconsistent with the respondent's declaration and not reasonable.

The tribunal found that the respondent's Rule 31 was consistent with its declaration and reasonable, dismissing the applicant's request for repeal. However, it was determined that the respondent did not follow the proper legislative requirements when amending the rule in 2019, and the 2017 version of Rule 31 was upheld.

The testimony of the respondent's representative raised a question about the current wording of Rule 31, as there were alleged further amendments in 2019 that the applicant claimed were fabricated. The respondent stated that the 2019 version of Rule 31 had been sent to owners with the notice required by the Condominium Act, but there was no explanation as to why the applicant did not receive it.

Recommendations: 

Compliance review: Ottawa-Carleton Standard Condominium Corporation No 878 should conduct a comprehensive review of their governing documents to ensure that all rules and amendments are in compliance with legislative requirements. This will help prevent any potential legal challenges or disputes in the future.

Clear communication: It is recommended that the condominium corporation improve their communication with owners regarding rule changes. This includes ensuring that proper notice is provided to owners in accordance with the Condominium Act and making sure that updated versions of rules are distributed promptly to all relevant parties.

Procedural adherence: The Respondent should ensure that any amendments or changes to their rules are carried out following the legislated requirements outlined in the Condominium Act. This will help maintain the integrity and enforceability of their governing documents.

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