Part 15 published on 01/08/06
Terminating owner’s access to common rooms not oppressive
After causing damage to the common elements, the unit owner refused to fully indemnify the condominium corporation for the resulting repair costs. After a number of demands for payment, the corporation removed the owner’s rights to access the lounge, library, exercise room and sauna.
The owner submitted that he had an absolute right to use the common elements and he asserted that the corporation’s denial of access to some of the common elements constituted oppression. The owner applied, under Section 135 of Ontario’s Condominium Act, 1998, for various oppression remedies, including reimbursement of common expenses as compensation for denial of access to the common elements. The Court dismissed the application. The Court said:
“Although the corporation acted without authorization from the Act, or an express rule or policy, I am not satisfied that there was the requisite abuse of power or harsh and wrongful conduct to bring the oppression remedy into play…While the steps chosen by the corporation may be subject to criticism for not following written policy, Mr. Niedermeier’s conduct in this matter is not above reproach, for failing to pay a debt that was, by written policy, due to the corporation.”