Condo Law Blog

Hyundai Vehicle Recall: Does a Condominium Corporation Have Any Resulting Obligations?

Recent news reports indicate that Hyundai has issued recall notices (in relation to certain vehicles) due to apparent risks of oil pump failures. The reports also indicate that Hyundai has advised the vehicle owners that they can continue to drive the vehicles, but has recommended that they park the vehicles outdoors and away from structures until the necessary recall remedy is carried out.

What obligations, if any, does this place on condominium corporations?

Noise and the Jurisdiction of the CAT

A recent decision of the Condominium Authority Tribunal (CAT) provides some helpful guidance when considering whether or not a noise issue falls within the jurisdiction of the CAT.

Noise Complaints – What Are a Condominium Corporation’s Obligations?

In a recent decision, the Condominium Authority Tribunal (CAT) held that the condominium corporation had failed to meet its obligations to a noise complainant. The Tribunal also ordered the condominium corporation to cover a significant portion of the complainant’s costs. The Tribunal’s decision contains some helpful statements about the obligations of condominium corporations when dealing with noise complaints.

CAT Finds No Smoking Rule to Be Reasonable

In a recent case, the Condominium Authority Tribunal (CAT) held that the condominium corporation’s no smoking rule was reasonable.

What About Volunteers?

Many condominium corporations arrange for certain tasks to be performed by volunteers. Is this a concern?

What About a Director’s Request for Records?

In a recent case, a Director made a request for records, and the condominium corporation treated this request like any other request by an owner. The condominium corporation withheld records in accordance with Section 55 (4) of the Condominium Act, and also demanded fees for the requested records in accordance with the regulations that apply to requests for records by owners. The Director then applied to the Condominium Authority Tribunal (CAT), arguing that these restrictions should not apply to him as a Director.

Matters Falling Outside the CAT’s Jurisdiction

In three recent decisions, the Condominium Authority Tribunal (CAT) confirmed that the Tribunal does not have jurisdiction to decide disputes that are fundamentally about alleged inadequate repair or maintenance (and not fundamentally about nuisance prohibited by the condominium’s governing documents).

The Duty to Reasonably Investigate Complaints

A recent decision of the Condominium Authority Tribunal (CAT) again refers to the responsibility of condominium corporations to reasonably investigate complaints.

A Recent Case About Fire Code Compliance

A recent Court case dealt with certain Fire Code violations inside a unit. The case nicely demonstrates the role of the condominium corporation in such cases.