The applicant, a condominium unit owner, erected a wooden barrier in her exclusive-use backyard to protect her dogs.
The respondent condominium corporation ordered its removal, characterizing it as 'debris, refuse, or garbage' under its rules, and later demanded its removal under threat of unilateral action.
The Condominium Authority Tribunal found that the barrier was not garbage or debris and was not being 'stored.' However, the Tribunal determined it lacked jurisdiction to rule on whether the applicant was entitled to alter the common elements under section 98 of the Condominium Act.
The applicant was awarded $200 for her Tribunal filing fees.