Recent CAT decision addresses Tribunal’s jurisdiction respecting items on Common Elements

In this blog post, the author discusses a recent decision made by the Condominium Authority Tribunal (CAT) regarding its jurisdiction in disputes regarding items on common elements. The CAT determined that it does have jurisdiction to hear disputes related to common elements, even if they are not within the boundaries of a unit. The case involved a dispute between a condo owner and their corporation regarding the ownership and maintenance of an outdoor patio. The CAT ultimately ruled in favor of the owner, finding that the patio was a common element and not the owner's responsibility. The author notes that this decision provides helpful clarification for condo owners and corporations in understanding the CAT's jurisdiction.