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Toronto Standard Condominium Corporation No. 2143 v. Robibaro, Sam-Hinton

Corporation:

TSCC2143

Date:

2025-06-05

Summary:

The Condominium Corporation sought to enforce its rules against a unit owner who had been smoking within his unit and common areas. The tribunal found that the owner had violated the rules and ordered him to cease smoking in his unit and common areas, pay a fine, and bear the cost of the proceedings.

Under:

Enforcement of Condominium Rules

Verdict:

The tribunal found in favor of the Condominium Corporation, ordering the unit owner to cease smoking within his unit and common areas, pay a fine, and bear the cost of the proceedings. This decision reinforces the authority of condominium corporations to enforce their rules and the potential financial consequences for residents who violate them.

Takeaways:

- Condominium corporations have the authority to enforce their rules and can take matters to the CAT if a resident is non-compliant.
- If a resident violates the rules, they can be ordered to pay a fine and the costs of the proceedings.
- Residents must adhere to the rules of the condominium, including those related to smoking.

Recommendations: 

- Condominium boards should ensure that their rules are clear, well communicated, and consistently enforced.
- If a resident is in violation of the rules, the board should take appropriate action, which may include fines or legal proceedings.
- Boards should be prepared to take matters to the CAT if necessary to enforce their rules.

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