Condominium Authority Tribunal Decision: Teeter v. Simcoe Condominium Corporation No. 8

James Teeter, an owner of a unit in Simcoe Condominium Corporation No. 8 (SCC 8), filed an application with the Tribunal alleging that SCC 8 has failed to assign him a mooring space for his boat in accordance with its mooring policy. The Tribunal has issued a decision denying the Applicant's motion to add the owner of the retaining wall, identified as "Talisker", as an Intervenor in the matter. The decision focuses on the issue of whether SCC 8 has failed to enforce the provisions of its governing documents relating to boat mooring, mooring fees, and the assignment of mooring spaces.

Key Takeaways:

• The Applicant, James Teeter, filed an application with the Tribunal alleging that SCC 8 has failed to assign him a mooring space for his boat in accordance with its mooring policy.
• The Tribunal may add a party to a matter if that party could be directly affected by its decision on the matters at issue.
• The Applicant submitted that the retaining wall owner should be added as an Intervenor because it could be directly affected if the Tribunal decision does not take into consideration the precise boundaries of the 256 feet and SCC 8 continues the unconsented use of the additional approximately 120 feet.
• SCC 8's position is that the waterways/retaining wall owner does not need to be added as a party to this matter, as it has allocated mooring spaces without issue for some 50 years and is not assigning permanent mooring spaces.
• The Tribunal denied the Applicant's motion to add the owner of the retaining wall as an Intervenor, stating that there is no basis on which to do so, as compliance with the provisions of its governing documents would be directed solely to SCC 8.
• Joe Teeter expressed concern that accepting a mooring space outside of the assigned 256 feet could result in trespass charges and/or responsibility for the maintenance of the retaining wall.
• The Tribunal has ordered that the Applicant's motion is denied.

Statistics:

• 50 years: the number of years SCC 8 has been allocating mooring spaces without issue.
• 256 feet: the length of the retaining wall set out in the agreement between SCC 8 and the waterways/retaining wall owner on September 15, 1975.
• 262 feet: the length of the retaining wall allegedly used by SCC 8 as of May 15, 2024, according to its submissions.
• 120 feet: the approximate amount of additional retaining wall allegedly used by SCC 8.

Sources:

• Condominium Authority Tribunal, Teeter v. Simcoe Condominium Corporation No. 8, 2024 ONCAT 112.