What Condo Boards Must Learn from Tribunal Decisions

Since its inception in 2017, the Condominium Authority Tribunal (CAT) has served as Ontario's primary online dispute resolution body for condominium-related issues. Analyzing CAT's operations provides valuable insights into common challenges faced by condo boards and unit owners.

CAT Caseload and Resolution Statistics

As of the latest available data:
- Total Cases Accepted: 1,483
- Cases Resolved: 1,365
- Negotiation (Stage 1): 302 cases
- Mediation (Stage 2): 476 cases
- Adjudication (Stage 3): 521 cases
- Cases in Progress: 105

These figures indicate that approximately 66% of disputes are resolved without requiring a formal tribunal decision, emphasizing the effectiveness of early resolution stages.

Common Dispute Categories

CAT's jurisdiction encompasses various dispute types, including:

• Access to Condominium Records 

• Noise, Odours, Light, Vibration, Smoke, Vapour

• Pets and Animals

• Vehicles, Parking, and Storage

• Compliance with Settlement Agreements
  
  

Notably, disputes related to records access are prevalent, often arising from owners' requests for financial statements, meeting minutes, or other corporate documents.

Outcomes: Owners vs. Corporations

While comprehensive statistics on case outcomes are limited, available data suggests:

• Records-Related Disputes: Owners frequently succeed, especially when boards fail to provide timely or complete access to records.

• Rule Enforcement Disputes: Condominium corporations often prevail, particularly when enforcing clearly defined and consistently applied rules.
  
  These trends underscore the importance of transparency and consistent rule enforcement by condo boards.

Common Pitfalls for Condo Boards

1. Delayed or Incomplete Responses: Failing to address owners' requests promptly can lead to disputes.
2. Inconsistent Rule Enforcement: Selective application of rules undermines their legitimacy.
3. Lack of Documentation: Inadequate record-keeping hampers the board's ability to defend its actions.

Recommendations for Board Directors

- Enhance Transparency: Maintain and provide timely access to essential records.
- Ensure Consistency: Apply rules uniformly to all residents.
- Document Decisions: Keep detailed records of board decisions and actions.
- Engage in Early Resolution: Utilize CAT's negotiation and mediation stages to resolve disputes amicably.