Condominium Authority Tribunal
Date: September 6, 2019 Case: 2019-00074R Citation: Romina Petraco v York Region Standard Condominium Corporation 1307, 2019 ONCAT 35
Order under section 1.47 of the Condominium Act, 1998.
Member: Keegan Ferreira, Vice-Chair
The Applicant: Romina Petraco, Self-Represented The Respondent: York Region Standard Condominium Corporation 1307, Natasha Scaramuzzo-Buda, Agent
CONSENT ORDER
1The Applicant, Romina Petraco, and the Respondent, York Region Standard Condominium Corporation 1307 (YRCC1307), have agreed to settle this case and have the terms of their agreement incorporated into a Consent Order. The Applicant and the Respondent acknowledge that with issuance of this Consent Order, the case before the Tribunal will be closed.
2The Tribunal therefore orders that this case has been resolved without a hearing on consent of the parties, based on the following terms and conditions:
ORDER
3York Region Standard Condominium Corporation 1307 will obtain quotes from at least two different lawyers in the next 30 days to draft a standard unit by-law.
4Within 90 days of selection of the lawyer, York Region Standard Condominium Corporation 1307 will hold a meeting of owners to vote on the adoption of the standard unit by-law.
5If the standard unit by-law is not adopted, or if the meeting does not proceed because quorum is not met, York Region Standard Condominium Corporation 1307 will hold a second meeting of owners within 60 days. If the by-law has not been approved by the owners after these two meetings, the topic will be added as a vote item to the agenda for York Region Standard Condominium Corporation 1307’s next annual general meeting.
6York Region Standard Condominium Corporation 1307 will prepare and distribute a letter to all owners in the condominium corporation within 30 days of this order. The letter will include:
An acknowledgement that the corporation does not currently have a standard unit definition or by-law;
An overview of the corporation’s obligation to maintain insurance, and a description of what insurance the corporation currently has and what it covers;
An overview of what not having a standard unit description / by-law means for the insurance obligations for the corporation and for individual unit owners; and,
A description of who is responsible for repairing what, as the corporation does not have a standard unit description / by-law.
This letter will be reviewed by York Region Standard Condominium Corporation 1307’s lawyer before being sent to the owners to ensure the information is accurate.
7York Region Standard Condominium Corporation 1307 will pay Romina Petraco $75.00 within 30 days of this order.
COMPLIANCE
8If either the Applicant or the Respondent fails to comply with any of the terms of this order, it may be enforced by through the Ontario Superior Court of Justice.
Keegan Ferreira Vice-Chair, Condominium Authority Tribunal
Released on: September 6, 2019