Laura Gurr

The applicant unit owner sought an order requiring the respondent condominium corporation to produce an insurance denial letter related to a flood incident, along with a penalty and costs.

The corporation maintained that the requested record did not exist and was not in its control, as its insurance broker and insurer declined to provide a formal denial letter.

The Condominium Authority Tribunal found that the corporation had a reasonable excuse for not providing the record because it did not possess it.

The application was dismissed with no costs awarded.

The applicant unit owner challenged the validity of a condominium rule that grandfathered existing 'legacy cats' despite a strict 'no pets' provision in the declaration.

The condominium corporation had historically failed to enforce the no pets provision for over 30 years and enacted the rule to transition into compliance while avoiding litigation from current cat owners.

The Tribunal found the rule was a reasonable transition measure and a valid exercise of the board's authority to balance communal and private interests.

The application was dismissed.

The applicant unit owner challenged the validity of the condominium corporation's Rule 27, which permitted existing 'legacy cats' to remain on the premises despite a strict 'no pets' provision in the declaration.

The condominium corporation had historically failed to enforce the no-pets provision for over 30 years and enacted Rule 27 as a transition measure to bring itself into compliance over time.

The Tribunal found that Rule 27 was a reasonable effort to balance the rights of current cat owners with the obligation to enforce the declaration, and dismissed the application.