13/02/2020 – Jurisdiction Ontario
Part 69 published on 01/03/2020
Corporation’s Rule prohibiting short-term tenancies not consistent with Declaration
The corporation’s Declaration stated that the units could be used only as permitted by the applicable zoning and also stated that “No provision contained in this Declaration shall in any way be deemed or interpreted in a manner that limits or restricts an Owner, including the Declarant, from leasing or renting such Owner’s Residential Unit for any period of time whatsoever”.
The condominium corporation passed a Rule prohibiting tenancies of less than six months.
The Court held that the Rule was void because it was not consistent with the Declaration.