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Toronto Standard Condominium Corporation No. 2745 v. Francois et al. - 2022 ONCAT 78 - 2022-07-15

Corporation:

TSCC 2745

Date:

2022-07-15

Under:

CAT Decisions - Decision

Summary:

In the case of Toronto Standard Condominium Corporation No. 2745 v. Francois et al. (2022 ONCAT 78), the condominium corporation sought to address the improper use of parking space for storage, a violation of the condominium's governing documents. The Respondents and the Intervenor were found to be in breach of the Declaration and Rules of the condominium. The tribunal ordered them to remove the stored material from the parking unit within 21 days. If they failed to do so, the condominium corporation could enter and remove the items, charging the costs to the parties. Furthermore, the Respondents and the Intervenor were ordered to pay the Tribunal fees of $150 to the Applicant.

Verdict:

In the case of Toronto Standard Condominium Corporation No. 2745 v. Francois et al. (2022 ONCAT 78), the tribunal found that the Respondents and the Intervenor violated the condominium's governing documents by using a parking space for unauthorized material storage. They were given 21 days to remove the material; failure to comply would allow the condominium to enter and remove the items, with costs charged to the responsible parties. The Respondents and the Intervenor were ordered to pay $150 in tribunal fees. This case underscores the importance of adhering to a condominium's rules and regulations and the consequences of non-compliance, including potential financial penalties.

Takeaways:

Parking Space Violation: The case dealt with the unauthorized use of a condominium parking space for storage, which was in violation of the condominium's governing documents, including the Declaration and Rules.

Responsibility of Parties: The tribunal found that both the Respondents (tenants/occupants) and the Intervenor (owner of the parking unit) were in breach of the Declaration and Rules due to the improper storage of material in the parking unit.

Removal and Costs: The tribunal ordered the Respondents and the Intervenor to remove the stored material within 21 days. Failure to comply would allow the condominium corporation to enter and remove the items, charging the actual costs to the responsible parties.

Tribunal Fees: The Respondents and the Intervenor were ordered to pay $150 in tribunal fees to the Applicant, as they were found in breach of the governing documents.

Compliance with Condominium Act: The decision highlighted the obligation of unit owners and occupants to adhere to the Condominium Act, declaration, by-laws, and rules, emphasizing the importance of compliance with these regulations within condominium communities.

Recommendations: 

Compliance with Condominium Rules: It's essential for all residents and property owners in a condominium to comply with the condominium's governing documents, including the declaration and rules. To avoid legal issues and potential penalties, individuals should make sure they understand and adhere to the rules and restrictions regarding the use of common areas, such as parking spaces.

Timely Response and Communication: In cases where residents or property owners are notified of rule violations, they should respond promptly and engage in open communication with the condominium management or corporation. Ignoring such notices may result in escalated legal actions.

Legal Counsel for Self-Representation: If individuals find themselves involved in legal proceedings, it's generally advisable to seek legal counsel. In this case, the Intervenor was represented by counsel, while the Respondents were self-represented. Having legal representation can help individuals navigate the legal process more effectively and ensure their rights and interests are protected.

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