28/07/2017 – Jurisdiction Ontario
Part 59 published on 01/09/2017
Court dismisses application to amend Declaration
The condominium contained 102 residential units and two commercial units. The Applicant owned the two commercial units, and asserted that the Declaration contained an error or inconsistency. In particular, the Declaration said that the gymnasium and pool could be used only by owners and guests of the residential units. The Applicant commercial owner claimed that this should be amended to allow the commercial owner to use the gymnasium and pool or to reduce the common expenses of the commercial owners.
The Court held that there was no error or inconsistency in the Declaration and dismissed the application. The Court said that the Declaration could properly place restrictions on the use of recreational facilities, quite separate and apart from designation of exclusive-use areas of the common elements.
