5/09/2024– Jurisdiction Ontario
Part 88 published on 01/12/2024
Corporation properly fulfilled its obligations in relation to visitors parking
An owner claimed that the condominium corporation had failed to enforce articles of its declaration related to visitor parking. The Tribunal found that the corporation had met its obligations and dismissed the claim.
The Tribunal said:
Article III (6) of the corporation’s declaration states that designation of visitor spaces is at the board’s discretion. I have found that the corporation has not made this designation and therefore the restriction that common element spaces may only be used by visitors does not apply. I have also found that the corporation’s complaint-based enforcement of the provision which requires permission to park in spaces other than driveways or garages to be reasonable. The corporation has not failed to enforce the provisions of Article III (6). Therefore, I dismiss Ms. Velic’s application.
Velic v. Niagara South Vacant Land Condominium Corporation No. 144, 2024 ONCAT 134