The applicant condominium corporation sought an order requiring the respondent tenant to remove his motorcycle from a common element area in the underground parking garage.
The respondent and the intervenor landlord argued that the motorcycle did not impede access to any infrastructure and had been parked there for years without objection.
The Tribunal found that the respondent was parking in a common element in violation of a reasonable condominium rule.
The Tribunal held that the condominium corporation was not estopped from enforcing the rule, as it had provided multiple notices to the respondent.
The respondent was ordered to permanently remove the motorcycle within 21 days, failing which the condominium corporation could remove it at his or the landlord's expense.