CAT – A Study Of Growth In A Consent Order (And Costs Against An Owner)

The article details a notable legal case involving a condominium corporation's application to compel a unit owner to remove a cat from their residence. The court's decision underscored a delicate balance between the rights of individual unit owners and the responsibilities of the condominium corporation under the Condominium Act.

Initially, the court acknowledged that the cat in question had indeed caused disturbances and issues for other residents within the condominium complex. Consequently, it ruled in favor of the condominium corporation's request for the cat's removal from the unit.

However, the judgment did not solely focus on the conduct of the unit owner. It also scrutinized the actions of the condominium corporation, ultimately finding them to have acted unreasonably in their enforcement measures. This finding led to the court ordering the condominium corporation to bear the legal costs incurred by the unit owner during the proceedings.

The case serves as a significant reminder of the legal principles governing condominium living, emphasizing the importance of fair enforcement practices by condominium corporations. It highlights the necessity for such entities to balance their duty to uphold community standards with respecting the rights of individual unit owners as outlined in the Condominium Act. This ruling underscores the nuanced nature of condominium governance, urging compliance with legal frameworks while maintaining sensitivity to the rights and responsibilities of all parties involved.