Part 44 published on 01/11/13
Condominium corporation obligated to enforce declaration
Peel Standard Condominium Corporation No. 919 is a high-rise condominium containing 29 commercial units. One of the units in the condominium (“the contravening unit”) was being used in contravention of a restrictive covenant contained in the Declaration (namely a covenant that the unit not be used as an accounting office). The Declaration also contained a provision stating as follows:
“It shall not be the responsibility of the Condominium Corporation to enforce Restrictive Covenants herein contained, and the Condominium Corporation shall not be added to any such claim as a defendant or third party or third party defendant for failing to enforce such Restrictive Covenant.”
The owner of one of the other units applied for a “cease and desist” order against the owner of the contravening unit and also sought a declaration that the condominium corporation was in breach of its enforcement obligations under Section 17 (3) of the Condominium Act, 1998. The Court granted the cease and desist order and also declared that the condominium corporation was in breach of its enforcement obligations. The Court said that Section 17 (3) of the Act took precedence over the provision in the Declaration.