A Recent CAT Decision Addressed a Novel Nuisance Dispute

A recent Condominium Authority Tribunal (CAT) decision has shown that a condominium's governing documents may still provide the ability to obtain a CAT order to prohibit inappropriate behavior, even if the nuisance being experienced does not fall within the six specific categories of nuisance prohibited by section 117 of the Condominium Act. The case involved a dispute between an owner and a condominium corporation regarding the location of a snow storage area. The CAT found that the owner's parking behavior was a breach of the condominium's declaration provisions respecting nuisance. The decision emphasizes the importance of keeping governing documents up to date and including strong indemnification provisions to enable condominiums to recover costs incurred due to non-compliance.