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York Condominium Corporation No. 329 v. Valido - 2023 ONCAT 149 - 2023-10-11

Corporation:

YCC 329

Date:

Wed Oct 11 2023 00:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Consent Order

Summary:

In the case of York Condominium Corporation No. 329 v. Valido, 2023 ONCAT 149, a Consent Order was issued under section 1.47 of the Condominium Act, 1998. The dispute involved complaints about dogs in a unit owned by Zierra Valido in York Condominium Corporation No. 329 (YCC 329). The parties, represented by Victor Yee (Counsel) for YCC 329 and self-represented Zierra Valido, reached an agreement in Stage 2 - Mediation. The terms include addressing issues related to an unwanted guest, a monetary contribution of $500 by Valido for past legal costs, compliance with governing documents, and ensuring control of any future dogs on the property. The Consent Order is enforceable through the Ontario Superior Court of Justice if any party fails to comply.

Verdict:

In the case of York Condominium Corporation No. 329 v. Valido, a Consent Order was issued by Member Brian Cook of the Condominium Authority Tribunal. The parties agreed to resolve the dispute through mediation, and the order outlines specific terms, including addressing issues related to an unwanted guest, enforcing compliance with governing documents, and ensuring adherence to rules regarding pets and building access. If any party fails to comply with the terms, enforcement through the Ontario Superior Court of Justice is indicated.

Takeaways:

Consent Order Resolution: York Condominium Corporation No. 329 and the respondent reached a resolution through a Consent Order in Stage 2 - Mediation of the Condominium Authority Tribunal (CAT) dispute resolution system.

No Trespass Letter: YCC 329 alleged complaints related to dogs in the unit and attributed issues to an unwanted guest." The consent order includes a provision for YCC 329 issuing a "no trespass" letter to the unwanted guest, and the respondent ensuring immediate communication with the Condominium Manager if the unwanted guest appears.

Financial Contribution: The respondent agreed to pay $500 to YCC 329 within 60 days as a contribution to legal costs associated with past enforcement of the governing documents. YCC 329, in turn, agreed not to make demands for additional contributions related to events before the Consent Order's date.

Compliance with Governing Documents: The consent order outlines specific measures, including awareness and compliance with YCC 329's governing documents for anyone residing in the unit and guidelines for dog ownership and unit access for guests or visitors.

Enforcement Through Court: The Consent Order specifies that non-compliance with its terms can be enforced through the Ontario Superior Court of Justice.

Recommendations: 

Enhanced Communication Protocols:

Encourage the Condominium Authority Tribunal (CAT) to implement or emphasize communication protocols during the mediation stage. This could include guidelines for clear communication between condominium corporations and unit owners, emphasizing the importance of promptly reporting any relevant information. Improved communication could help prevent misunderstandings and contribute to early resolution of disputes.
Educational Initiatives for Condominium Owners:

Propose educational initiatives to inform condominium owners about their responsibilities under governing documents. This could include providing resources, workshops, or online materials that explain the obligations outlined in condominium declarations, by-laws, and rules. Better awareness among unit owners may reduce the likelihood of future disputes and enhance compliance.
Online Mediation Resources:

Recommend the development or enhancement of online mediation resources within the CAT's platform. This could involve creating user-friendly guides or tutorials on effective online dispute resolution techniques. Improved resources may facilitate smoother mediation processes, making it more likely for parties to reach consensus, as seen in the York Condominium Corporation No. 329 v. Valido case.

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