08/14/2024 – Jurisdiction Ontario
Part 87 published on 01/09/2024
Condominium corporation had failed to properly enforce governing documents in relation to parking
The Applicant owner claimed that the condominium corporation had failed to properly manage and enforce the Declaration and rules that govern visitor parking and parking in outdoor common elements, as well as storage in owner/resident parking spaces. The condominium corporation asserted that it was up to the Board to determine what enforcement measures were reasonably appropriate.
The Tribunal held that the condominium corporation was not in compliance with its enforcement obligations. The Tribunal held that the corporation must enforce the visitor parking provisions in its governing documents in such a way that it can monitor the use of its visitor parking spaces at all times. The Tribunal also held that the corporation must take steps to enforce its rules regarding improper storage in parking spaces in a timely manner.
McNulty v. Toronto Standard Condominium Corporation No. 1553, 2024 ONCAT 128