top of page
White Columns
< Back

Toronto Standard Condominium Corporation No. 2055 v. Robert - 2021 ONCAT 38 - 2021-05-06

Corporation:

TSCC 2055

Date:

2021-05-06

Under:

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

Summary:

In the case of Toronto Standard Condominium Corporation No. 2055 v. Robert (2021 ONCAT 38), the tribunal addressed a dispute regarding the respondent's parking of his motorcycle in a part of the common elements of the condominium's underground garage, which was in violation of the condominium's Rules. Despite claims that his parking didn't interfere with critical infrastructure, the respondent was found to be in breach of the Rules. Avraham Holdings Inc., the owner of the respondent's unit, supported his position. However, the tribunal concluded that neither the respondent nor the intervenor provided persuasive evidence to justify a violation of the Rules. The respondent was ordered to remove his motorcycle from the common elements within 21 days, and the condominium corporation was authorized to take lawful action to enforce its Rules and charge related expenses if he failed to comply.

Verdict:

In the case of Toronto Standard Condominium Corporation No. 2055 v. Robert, the tribunal found that the respondent was in violation of the condominium's rules by parking his motorcycle in a common elements area. The tribunal determined that the rules were not unreasonable and that the respondent had received adequate notice of the enforcement of these rules. The lesson here is that condominium rules must be enforced consistently, and residents should adhere to these rules to maintain a harmonious living environment.

Takeaways:

Compliance with Condominium Rules: This case underscores the importance of complying with condominium corporation rules, which are enacted to ensure the safety and well-being of all unit owners and to prevent interference with common elements.

Reasonableness of Rules: Condominium rules must be reasonable, and challenges to their reasonableness require evidence beyond just the absence of interference with critical infrastructure.

Enforcement of Rules: Condominium corporations are not estopped from enforcing their rules, even if there has been a lapse in enforcement. Adequate notice and communication of rule changes to unit owners are essential.

Remedies: Condominium corporations have the authority to take lawful actions to enforce their rules, and expenses related to enforcement can be charged to the unit owner or the unit owner's landlord.

Compliance Period: Unit owners are typically given a specified period to comply with rule violations before enforcement actions are taken.

Recommendations: 

Compliance with Condominium Rules: Condominium residents should be aware of and comply with the condominium's rules and regulations. Ignorance of these rules is not a valid defense when rules are enforced.

Consistency in Rule Enforcement: Condominium corporations should strive for consistency when enforcing their rules. If a rule is not enforced for an extended period, the condominium corporation should provide clear notice and a reasonable grace period before implementing stricter enforcement to avoid any appearance of arbitrariness.

Effective Communication: Effective communication between condominium management and residents is crucial. Providing clear notices and opportunities for residents to address any rule violations can help prevent disputes and maintain a harmonious living environment within the condominium.

bottom of page