Part 43 published on 01/09/13
Owner in breach of requirement to use unit as single-family dwelling
The condominium’s declaration stated that the units could only be used as single-family dwellings. The owner had converted the unit to a “multi purpose rooming house”. The condominium corporation obtained an arbitration award, which included the following:
“The Unit Owner shall, within 30 days of the date of the decision, remove all tenants from the unit, remove all unauthorized partitions, being the basement bedrooms and the living room bedroom and restore the unit to its single family use.”
The arbitrator also confirmed the condominium corporation’s right to access the unit in order to ensure compliance with the above award.
The owner failed to comply with the arbitrator’s award. The corporation then applied to court for an order to enforce the arbitration award. The Court granted summary judgment to the condominium corporation. The Court said:
The case before me has no triable issue. The Arbitration Award was never complied with nor was it appealed.