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Toronto Standard Condominium Corporation No. 2138 v. Palmer et al. - 2022 ONCAT 104 - 2022-10-05

Corporation:

TSCC 2138

Date:

2022-10-05

Summary:

This case involves Toronto Standard Condominium Corporation No 2138 (TSCC 2138) and the respondents, respondent A and respondent B. TSCC 2138 alleges that respondent B conduct related to the use of an exclusive use common element balcony amounts to a nuisance, affecting the quiet enjoyment of units and common elements by other residents and owners. TSCC 2138 claims that respondent B regularly allows debris, dirt, and water to fall from her balcony, and respondent A has failed to ensure her compliance with the governing documents and the Condominium Act 1998. The Condominium Authority Tribunal (CAT) ordered respondent B to comply with the governing documents, cease the complained-of conduct, and directed respondent A to ensure compliance. Respondent A was also ordered to pay the legal costs and Tribunal fees incurred by TSCC 2138.

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Other Type of Nuisance, Annoyance or Disruption
Procedural Issue with Governing Documents

Verdict:

Verdict: The Condominium Authority Tribunal (CAT) found that respondent B's conduct related to the use of an exclusive use common element balcony constitutes a nuisance that affects the quiet enjoyment of the units and common elements by other residents and owners. It was also determined that respondent A, the unit owner and respondet B's landlord, failed to take reasonable steps to ensure her compliance with the governing documents and the Condominium Act 1998. Therefore, the CAT ordered respondent B to cease the complained-of conduct and comply with the governing documents. Respondent A was directed to take all reasonable steps to ensure respondent B's compliance and was also ordered to pay the legal costs and Tribunal fees incurred by Toronto Standard Condominium Corporation No 2138 (TSCC 2138)

Takeaways:

The case involves allegations of nuisance by Toronto Standard Condominium Corporation No 2138 (TSCC 2138) against respondent B, who is accused of allowing debris, dirt, and water to fall from her exclusive use common element balcony, affecting the quiet enjoyment of other residents and owners.
TSCC 2138 claims that respondent A, the unit owner and respondent A's landlord, has failed to ensure her compliance with the governing documents and the Condominium Act 1998.
The Condominium Authority Tribunal (CAT) ordered respondent B to comply with the governing documents, cease the complained-of conduct, and directed respondent A to take reasonable steps to ensure her compliance. Additionally, respondent A was ordered to pay the legal costs and Tribunal fees incurred by TSCC 2138.

Recommendations: 

Clear Communication: Unit owners must maintain clear communication with their tenants and ensure they understand and comply with the governing documents and rules of the condominium. Regular communication and reminders can help prevent violations and potential legal disputes.

Enforcement Mechanisms: Condominium corporations should have effective enforcement mechanisms in place to address violations promptly. This can include issuing compliance letters, imposing fines, and initiating legal proceedings when necessary to uphold the rights and quiet enjoyment of other residents.

Landlord Obligations: Landlords should understand their responsibilities under the Condominium Act 1998 and their obligation to ensure their tenants' compliance with the governing documents and rules. It is vital for landlords to take prompt action if a tenant's conduct is causing a nuisance or violating the condominium's regulations.

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