CAT Upholds Rule Respecting Visitors Parking
As our readers will know, CAT’s jurisdiction now includes disputes about parking provisions in a condominium’s governing documents.
In the recent case of Essex Condominium Corporation No. 25 v. Ferrari et al, the condominium corporation applied to CAT for an order prohibiting two residents from continuing to park in visitors parking. The condominium corporation had a Rule stating that the parking spaces in question were to be used only by visitors to the property.
The residents claimed that they should be permitted to continue to use the visitors parking spaces, because they had been doing so for a number of years without incident or objection. CAT rejected this argument. CAT held that the Rule was reasonable and ordered the residents to refrain from parking in the visitors parking area (after a grace period of 90 days for them to make other parking arrangements).
CAT’s decision also includes the following sentence: Neither party asked for costs, and none are awarded. That leaves me wondering whether or not CAT will be willing to award costs, in other cases, to condominium corporations who successfully apply to enforce their Rules, and also what sorts of cost awards can be anticipated (particularly in cases where the governing documents include provisions entitling the condominium corporation to be indemnified for such costs).
We will be watching closely to see how these issues evolve in future cases!
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