27/09/2021 – Jurisdiction Ontario
Part 76 published on 01/12/2021
CAT orders removal of balcony structure that does not qualify as seasonal furniture
The CAT ordered the owner to remove a structure located on his balcony which the CAT held was not “seasonal furniture” as permitted by the Rules of the condominium corporation. The CAT said:
The Applicant’s evidence is that in the summer he hangs flower baskets from the structure and in the Christmas season, he strings Christmas lights on it. He submits that since he uses the structure in different ways in different seasons, it is now seasonal furniture in compliance with the rule.
…
In the absence of some more precise definition, it seems to me that a Google search for the term “seasonal furniture” is of some assistance in determining an ordinary understanding of the term and whether the structure at issue here could come within the ordinary understanding of “seasonal furniture” in the context of a condominium balcony. Such a search does not produce a structure that looks anything like the structure the Applicant has on his balcony.
Sarros v York Region Standard Condomniium Corporation No. 1445 (CAT)