Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Choose your role:
Romina Petraco v York Region Standard Condominium Corporation 1307 - 2019 ONCAT 35 - 2019-09-06
Corporation:
RPYRSCC 1307
Date:
2019-09-06
Summary:
In the case of Romina Petraco v York Region Standard Condominium Corporation 1307, a Consent Order was issued on September 6, 2019. The parties, Romina Petraco (the Applicant) and York Region Standard Condominium Corporation 1307 (YRCC1307, the Respondent), agreed to settle the dispute without a hearing. The Consent Order outlines specific terms and conditions for resolution, including the adoption of a standard unit by-law by YRCC1307, meetings of owners, and the distribution of an informative letter to all owners regarding the condominium's insurance obligations. Additionally, YRCC1307 agreed to pay the Applicant $75.00 as part of the settlement.
Under:
CAT Decisions - Consent Order
Adequacy of Records
Fees, Costs, Penalties
Verdict:
The Consent Order in Romina Petraco v York Region Standard Condominium Corporation 1307 (2019 ONCAT 35) highlights the effectiveness of dispute resolution through consent agreements. In this case, the parties voluntarily settled their dispute, leading to the closure of the case without the need for a formal hearing. The order emphasizes the importance of creating a standard unit by-law within a specified timeline, addressing the absence of such a by-law in the condominium corporation. It also underlines the obligation to provide clear information to owners regarding insurance responsibilities and repair obligations. Additionally, the order includes a provision for enforcing compliance through the Ontario Superior Court of Justice, ensuring that the agreed-upon terms are upheld.
Takeaways:
Settlement Agreement: The Applicant and the Respondent, York Region Standard Condominium Corporation 1307 (YRCC1307), reached a settlement agreement that was incorporated into a Consent Order. This indicates parties' willingness to resolve the dispute without a formal hearing.
Standard Unit By-Law: YRCC1307 agreed to obtain quotes from at least two lawyers to draft a standard unit by-law within 30 days. This action is taken to address the absence of a standard unit definition or by-law.
Meetings of Owners: The Consent Order outlines a timeline for holding meetings of owners to vote on the adoption of the standard unit by-law. These meetings provide an opportunity for owners to participate in the decision-making process.
Informational Letter: YRCC1307 is required to prepare and distribute an informational letter to all owners, explaining the implications of not having a standard unit definition or by-law, particularly in relation to insurance obligations and repair responsibilities.
Compliance Enforcement: The Consent Order specifies that non-compliance with its terms may be enforced through the Ontario Superior Court of Justice, emphasizing the importance of adhering to the agreed-upon resolutions.
Recommendations:
Promote Dispute Resolution: Encourage parties involved in condominium-related disputes to consider voluntary settlement through Consent Orders or mediation, as this can lead to efficient and mutually acceptable resolutions.
Standard Unit By-laws: Emphasize the importance of having standard unit by-laws in condominium corporations to clearly define unit boundaries and insurance obligations, reducing potential conflicts and ambiguities.
Clarity in Communication: Condominium corporations should proactively communicate with unit owners, providing clear and accurate information on issues such as insurance obligations, repair responsibilities, and the implications of not having standard unit descriptions or by-laws in place to avoid misunderstandings and potential disputes.