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York Region Condominium Corporation No. 627 v. 1722620 Ontario Ltd. o/a Edgeley Printing - 2023 ONCAT 26 - 2023-02-17
Corporation:
YRCC 627
Date:
2023-02-17
Summary:
In the case of York Region Condominium Corporation No 627 v 1722620 Ontario Ltd oa Edgeley Printing, the condominium corporation alleged that the respondent, a tenant in a unit owned by the intervenor, was parking and storing vehicles on the common elements in violation of the condominium's declaration and rules. Despite being properly notified, the respondent and intervenor did not participate in the case. The tribunal found that the respondent and intervenor were not in contravention of the specific provisions cited by the condominium corporation. Only two vehicles remained on site, and they were occasionally driven. Therefore, the tribunal determined that the vehicles did not violate the rules as they were commercial vehicles utilized by the respondent. The tribunal ordered the intervenor to pay compensation to the applicant and awarded costs incurred by the applicant for securing compliance and the costs of the hearing.
Under:
CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Other Type of Nuisance, Annoyance or Disruption
Parking and Storage
Verdict:
Quick Verdict/Lesson: This case illustrates the importance of compliance with condominium declaration and rules concerning common elements. It also emphasizes that financial compensation may be ordered when noncompliance results in costs for the condominium corporation, though the timing of compliance actions can influence the tribunal's decisions.
Takeaways:
Takeaways:
In this case, a commercial condominium corporation, YRCC 627, alleged that a tenant (the Respondent) was in violation of the condominium's declaration and rules by parking or storing vehicles on the common elements. They argued that this constituted a nuisance and unreasonable interference with other unit owners' enjoyment of the common elements.
The case highlights the importance of upholding and enforcing condominium rules and declarations to maintain order and ensure compliance among unit owners and occupants.
The Intervenor was found not to be in contravention of the declaration, by-laws, and rules relating to parking and storage of vehicles, as the situation had changed by the time of the hearing.
Recommendations:
Recommendations:
Condominium corporations should proactively enforce their declaration and rules to maintain order in the common elements, ensuring all unit owners and tenants adhere to the regulations.
Unit owners and tenants should comply with the condominium's governing documents to avoid legal action and potential financial liabilities.
In disputes with noncompliant parties, it's essential to provide evidence of the alleged violations and any associated costs incurred by the condominium corporation for a more favorable outcome in tribunal proceedings.