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York Region Standard Condominium Corporation No. 1201 v. Us - 2022 ONCAT 133 - 2022-11-28

Corporation:

YRSCC 1201

Date:

2022-11-28

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Noise
Smoke and/or vapour

Summary:

This case involves an application brought by the York Region Standard Condominium Corporation No. 1201 against a unit owner. The condominium corporation alleged that the respondent breached provisions in its declaration, rules, and related to noise, smoking, and nuisance. YRCC 1201 sought an order requiring the respondent to comply with these provisions and indemnification of costs incurred in seeking compliance. The respondent did not participate in the process. The tribunal found that the respondent has contravened the rules related to noise and smoking, specifically Rules 42, 122 and 123, and Sections 12b and 16c of the declaration. An order was made against the respondent requiring them to reimburse the applicant as compensation of $450 and costs pursuant to Rule 48 of the Tribunal's Rules of Practice in the amount of $1400.

Verdict:

the quick verdict in this case is that the Respondent has contravened the declaration and rules related to smoking and noise in the condominium. The Respondent is ordered to reimburse the Applicant for compensation and pay costs incurred in seeking compliance. The lesson from this case is that condominium owners must comply with the governing documents, including rules related to noise and smoking, to ensure proper use and enjoyment of the common elements.

Takeaways:

Takeaways:

The York Region Standard Condominium Corporation No. 1201 filed an application against a unit owner.
The respondent breached provisions in the condominium corporation's declaration, rules related to noise, smoking, and nuisance.
The respondent did not participate in the hearing.
The tribunal found the respondent contravened the rules related to noise and smoking.
An order requiring compensation and costs was made against the respondent.

Recommendations: 

Recommendations:

Condominium corporations should clearly communicate and enforce rules related to smoking, noise, and nuisance to maintain a peaceful living environment for all residents.
Owners should respect the rights of other owners by adhering to the rules and regulations regarding noise and smoking in common areas.
Condominium corporations should document incidents of non-compliance and follow the appropriate process, including issuing warnings and seeking enforcement orders if necessary.

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