Condominium Authority Tribunal – Expanded Authority to Handle Disputes
Since its launch in November 2017, the Condominium Authority Tribunal has only handled disputes related to requests for records. As anticipated, that will change soon.
Effective October 1, 2020, with amendments to Ontario Regulation 179/17 under the Condominium Act, 1998, the jurisdiction of the Tribunal will be expanded to deal with disputes related to:
- pets or other animals;
- storage; and,
- chargebacks related to disputes over these items.
The pending changes to Ontario Regulation 179/17 and the implementation of Sections 132 (4.1) and 134 (2.4) will redirect these new disputes to the CAT, away from mediation, arbitration and the courts.
The types of disputes that will be able to be filed include:
- A condo corporation will be able to file an application against one or more owners because they have not complied with the governing documents.
- An owner will be able to file an application directly against one or more owners and/or occupants for failing to comply with the corporation’s governing documents.
- An owner will be able to file an application against their condo corporation because they think:
- That one or more provisions in the corporation’s by-laws and/ or rules relating to pets or other animals, vehicles, parking and storage, is unreasonable and/or inconsistent with the Condo Act.
- That one or more provisions in the corporation’s declaration relating to pets or other animals, vehicles, parking and storage is inconsistent with the Condo Act.
- An owner will be able to file an application against their condo corporation because the corporation did not follow the correct process to implement/amend one or more of the corporation’s governing documents.
- Owners and condo corporations will be able to file applications relating to provisions in a corporation’s governing documents that govern indemnification or compensation related to the above-noted disputes.
As noted in the CondoAdvisor article referenced below, there is some concern that the fact that the CAT does not award legal fees to the successful party may lead to more owners risking a legal dispute. Existing indemnification provisions found in governing documents may not be available to corporations as the CAT will also acquire jurisdiction over disputes pertaining to these.
For more information, see:
Condo Tribunal Expands Jurisdiction to Deal with Pets, Parking, Lockers and Chargebacks! (August 26, 2020) – CondoAdvisor
Condominium Authority Tribunal – Expansion of Types of Disputes (August 26, 2020) – Shibley Righton Condo Law Newsletter
Government to Expand the Jurisdiction of the Condominium Authority Tribunal (August 27, 2020) – Davidson Houle Allan LLP
Expansion of Disputes at Condominium Authority Tribunal - Fresh off the Press! (August 26, 2020) – Lash Condo Law
The CAO will be releasing more information over the next few weeks, including:
- Updates to the CAO’s Guided Steps to Common Issues, including guidance to owners and condo corporations on how they can resolve these issues proactively;
- Revised templates for owners and condo corporations to communicate about these issues; and
- Interactive checklists to help people file applications with the CAT.