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Toronto Standard Condominium Corporation No. 2745 v. Islas, Barahona and Martinez - 2022 ONCAT 36 - 2022-04-19

Corporation:

TSCC 2745

Date:

2022-04-19

Under:

CAT Decisions - Decision
Parking and Storage

Summary:

The Toronto Standard Condominium Corporation No. 2745 claims that the tenant of one of their parking units has failed to comply with the corporation's declaration in regard to the use of parking spaces. The corporation alleges that the tenant’s truck has been parked in a way that protrudes beyond the boundaries of the parking unit, violating Article 4.5(a). The corporation seeks an order compelling the tenant and the owners of the parking unit to comply with Article 4.5(a) within 21 days of the order. The Condominium Authority Tribunal found the Respondent and Intervenors failed to comply with Article 4.5(a) before March 4, 2022, but any non-compliance was negligible as of that date. The Intervenors were ordered to reimburse the Applicant for the fees paid to the Tribunal in the amount of $150

Verdict:

The Toronto Standard Condominium Corporation No. 2745 alleged that a tenant and parking unit owners failed to comply with the corporation's declaration regarding the use of parking spaces. The tribunal found that there was some non-compliance prior to March 4, 2022, but any non-compliance as of that date was deemed negligible. The intervenors were ordered to reimburse the applicant for the tribunal fees.

The lesson from this case is that it is important for tenants and owners to comply with the rules and regulations set forth by condominium corporations and to address any concerns or violations promptly to avoid potential legal proceedings and associated costs.

Takeaways:

Toronto Standard Condominium Corporation No. 2745 alleges that the tenant and the owners of a parking unit have failed to comply with the corporation's declaration regarding the use of parking spaces.
The specific provision in question is Article 4.5(a), which states that parking units must not allow any part of a motor vehicle to protrude beyond the boundaries of the parking unit and encroach upon common elements or other units.
The corporation seeks an order compelling the tenant and owners to comply with Article 4.5(a) within 21 days, as well as reimbursement of the filing fee of $150 paid to the Tribunal.
The Respondent and Intervenors did not participate in the case, despite being given notice, and have chosen not to participate.
The Tribunal found that there was some non-compliance by the Respondent and Intervenors prior to March 4, 2022, but any non-compliance as of that date was deemed negligible. The Intervenors were ordered to reimburse the Applicant for the Tribunal fees in the amount of $150.

Recommendations: 

Open Communication: Encourage all parties involved in the condominium corporation, including owners, tenants, and management, to maintain open lines of communication. Regularly discussing and addressing any violations or concerns promptly can help prevent disputes and legal proceedings.

Compliance Monitoring: Implement a system for monitoring compliance with the corporation's declaration and rules. This can involve regular inspections, clear guidelines for acceptable behavior, and swift action in case of non-compliance. By actively monitoring and taking proactive measures, potential issues can be identified and resolved before they escalate.

Legal Representation: Advise owners and tenants to seek legal guidance and representation when faced with legal proceedings. In this case, the respondent and intervenors chose not to participate, which likely had an impact on the final decision. Having legal representation can help individuals understand their rights and responsibilities, present their case effectively, and navigate the legal processes involved in condominium disputes.

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