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York Region Standard Condominium Corporation No. 1054 v. Valente - 2023 ONCAT 189 - 2023-12-05

Corporation:

YRSCC 1054

Date:

Tue Dec 05 2023 05:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Decision
Odour
Smoke and/or vapour

Summary:

In the case of York Region Standard Condominium Corporation No. 1054 v. Valente, the Condominium Authority Tribunal ruled in favor of the Applicant, finding the Respondent in violation of the non-smoking rule and nuisance provisions of the Corporation. Despite efforts to resolve the issue, the Respondent continued to smoke, causing disturbance to other residents. The Tribunal ordered the Respondent to cease smoking in her unit and common elements, reimburse the Applicant for Tribunal fees and legal costs, and pay compensation for pre-CAT costs.

Verdict:

The Tribunal's decision underscores the importance of respecting condominium rules and addressing complaints promptly. Residents must adhere to established regulations to ensure the well-being and comfort of the community. Failure to comply can lead to legal consequences and financial liabilities.

Takeaways:

Compliance with condominium rules, including non-smoking regulations, is crucial to maintain a peaceful living environment for all residents.
Efforts to resolve disputes should be made prior to escalating the matter to legal proceedings.
Failure to comply with condominium rules may result in financial penalties and legal costs for the responsible party.
Residents should be proactive in addressing complaints and taking necessary actions to rectify the situation.

Recommendations: 

For condominium residents, it's advisable to familiarize oneself with the rules and regulations of the community and promptly address any concerns raised by the condominium corporation or fellow residents. In case of disputes, attempts should be made to resolve the issue amicably before resorting to legal action. Compliance with the established rules not only fosters harmony within the community but also avoids unnecessary costs and legal complications.

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