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CHANGES TO THE AUTHORITY OF THE CONDOMINIUM AUTHORITY TRIBUNAL

On October 1, 2020, the scope of disputes that will be heard by the Condominium Authority Tribunal (CAT) will be expanded.

Before now, the disputes heard by the CAT were limited to those relating to access to records.

The CAT’s jurisdiction will now include DISPUTES relating to pets, vehicles, parking and storage (see full list below), provided the matter is governed by the condominium’s documents. These matters will no longer be heard by the courts or arbitrators.

The list of areas now under the CAT jurisdiction are as follows:

  1. A dispute with respect to PROVISIONS IN THE DECLARATION, BY-LAWS OR RULES of a condominium corporation that prohibit, restrict, or otherwise govern

    (i) Pets or other animals in a unit, the common elements, or the assets, if any, of the corporation.

    (ii) An automobile, motorcycle, van, truck, trailer, bus, mobile home, farm tractor, bicycle, motor-assisted bicycle, motorized snow vehicle, motorboat, rowboat, canoe, kayak, punt, sailboat, raft, aircraft, device used to facilitate the transport of a person with a disability, or any other vehicle drawn, propelled or driven by any kind of power, including muscular power, in a unit, the common elements or the assets, if any, of the corporation.

    (iii) The parking or storage of items in a unit, an asset, if any, of the corporation, or any part of a unit, an asset, or the common elements, that is intended for parking or storage purposes.

    (iv) The indemnification or compensation of the corporation, an owner or a mortgagee arising from one of disputes described above. Access to the CAT is not permitted if the claim for indemnification or compensation arises from a matter under S. 117 of the Condominium Act, a S.98 Agreement, or an EV Charging Agreement.

Shibley Righton1 Comment