02/12/13 – Jurisdiction Ontario
Part 44 published on 01/11/13
Condominium corporation entitled to general compliance order. Owners’ oppression claim dismissed
Part 44 published on 01/11/13
Condominium corporation entitled to general compliance order. Owners’ oppression claim dismissed
The owners had:
- delayed permission to allow the condominium corporation to replace an energy meter in their unit; and
- breached the condominium’s rules by doing the following: “they threw snow from their seventh floor terrace, they improperly stored their kayak, bicycles and skis, and they placed planters on their balcony railing”.
The Court said that the replacement of the energy meter did not constitute a “change” within the meaning of Section 97 of the Condominium Act. Therefore, the board was entitled to replace the meter. The Court also ordered that the owners “pay all costs associated with the installation of the energy meter in their unit, as well as back payment of water charges as calculated by the condominium”.
The Court also made a general order that the owners comply with “all of the by-laws of the condominium including not throwing snow from the balcony, not storing a kayak, canoe or other item in the parking unit, and any other rules enacted by the condominium that apply to its unit owners”.