Part 51 published on 01/08/15
Condominium corporation failed to comply with settlement agreement respecting the use of recreational facilities
The parties had entered into a settlement agreement under which the condominium corporations agreed that the rules for the shared recreation facilities would be amended to permit children under 16 to use the exercise, billiard and hobby rooms with parental/adult supervision. The Tribunal said that the condominium corporations were obligated to reasonably uphold those rules, and had failed to do so.
A security guard, acting as agent for the condominium corporations, had advised that one of the applicants was not allowed to play pool in the billiard room with her son and her guest; and the Tribunal said that the condominium corporations had failed to reasonably and promptly respond to the resulting complaints.
The Tribunal said:
In this case, the respondents exacerbated the harm caused to the applicants by failing to take their complaint seriously, by failing to respond to their inquiries concerning the breach of the settlement in a timely manner, by suggesting (inaccurately) that it was the applicant’s own behavior that was the problem, and by suggesting that the settlement was not effective until the waiver was signed.
The Tribunal ordered the condominium corporations to pay monetary compensation of $5,000 to the applicants.