CONDOMINIUM AUTHORITY TRIBUNAL
Order under Rule 19.1 of the Condominium Authority Tribunal’s Rules of Practice
Member: Nicole Aylwin, Vice-Chair
The Applicant, Raymond Kerekes Self-Represented
The Respondent, Middlesex Condominium Corporation No. 234
Submission Dates: March 3, 2026 to March 11, 2026
DISMISSAL ORDER
1This order explains why the Tribunal is dismissing this case under Rule 19.1 of the Tribunal’s Rules of Practice. Rule 19.1 (c) allows the Tribunal to dismiss an application or case at any time when it has no legal power to hear or decide the issue in dispute.
2In his application to the Tribunal, the Applicant, Raymond Kerekes, identifies the issue in dispute as the reasonableness of a chargeback he received from the Respondent, Middlesex Condominium Corporation No. 234 (“MCC 234”). The chargeback is related to downspout and drainage work he undertook on his unit that the corporation alleges altered professionally completed work. He asserts that this chargeback was imposed contrary to provisions in the Respondent’s declaration relating to the obligation to maintain and repair common elements, the Respondent’s chargeback policy, and s. 17 (3) and s. 89 and 92 of the Condominium Act, 1998 (the “Act”).
3The Tribunal does not have jurisdiction over repairs and maintenance (covered by s. 89 - 92 of the Act). Furthermore, the Tribunal does not have jurisdiction over any and all disputes related to chargebacks. It can only address chargeback disputes when the issue which resulted in the chargeback is among the matters that fall within its jurisdiction (as per s. 1 (1) (d) (iv) of Ontario Regulation 179/17).
4On March 3, 2026, the Tribunal issued a Notice of Intent to Dismiss (the “Notice”) as it appeared the dispute did not fall within the Tribunal’s jurisdiction. In response to the Notice, the Applicant asserted that the Tribunal has jurisdiction over chargebacks and the chargeback issued against him was unauthorized because the plumbing drainage and downspouts are common elements, making the Corporation responsible for their maintenance and repair (along with any damage caused by them).
5The chargeback at issue relates to a dispute over maintenance and repair. The Tribunal does not have the power to decide this dispute because the issues are not within its jurisdiction. Accordingly, I order that this case be dismissed.
ORDER
6This case is dismissed.
Nicole Aylwin
Vice-Chair, Condominium Authority Tribunal
Released on: March 12, 2026