Of all the various responsibilities of a condominium board,
perhaps none is as important as ensuring that its unit owners are
in compliance with the terms of the corporation's Declaration,
Rules and applicable By-laws.
Given the significant increase in the number of new condominium
developments in Ontario, it is not surprising that there has been a
corresponding increase in the number of
"compliance"1 proceedings commenced by
condominium corporations against defaulting owner(s).
Recently, in the case of Peel Condominium Corporation 108 v.
Young,2 the condominium corporation commenced an
Application before the Ontario Superior Court of Justice against a
unit owner to enforce its Declaration. The issue here was that the
unit owner installed a tankless gas water heater in her unit,
without the consent of the Board. The reason why the consent was
necessary was that the owner constructed a vent through the outside
wall of the unit, which formed part of the common elements of the
building. Under the Declaration, the unit owner was to obtain the
consent of the Board prior to making any changes to the common
The condominium corporation took the position that this change
was a clear contravention of the Declaration, and that the unit
owner should be ordered to remove the vent. The unit owner took the
position that there had been "selective enforcement" by
the Board, and that there had been past breaches of the Declaration
by other unit owners that did not lead to compliance
Although the court found that there had been "a
degree" of selective enforcement by the Board in the past,
this was ultimately not justification for the fact that the unit
owner in the present application was in breach of the Declaration.
According to the Court, "there is an interest, in the
collective, in having the Declaration enforced, even if some
transgressors have been allowed to violate it."
This case is another important reminder to unit owners of the
importance placed by condominium corporations in ensuring that unit
owners comply with the Declaration, Rules and Bylaws.
(Originally published on June 29, 2011 on the Condo Reporter
The Ontario Court of Appeal confirmed that courts will generally support and uphold decisions of condominium directors because they are better positioned than judges to make decisions pertaining to their buildings.
According to the city bylaws in Calgary, the grading of lots for new buildings must be done properly so that the water never flows toward the new building or any other nearby properties, but away from those buildings.
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