04/05/2020 – Jurisdiction Ontario
Part 70 published on 01/06/2020
Condominium corporation was in some respects not charging owners in accordance with Declaration
This condominium contains two distinct sets of units – 471 high-rise units and 61 townhouse units. The townhouse owners claimed that the Board was improperly charging them for certain expenses under the following categories:
- Steps and Interlock replacements
- Water charges
- Maintenance / Landscaping / Snow Removal
- Use of Amenities
The Court held as follows:
I make the following declarations:
- As regards the repairs to the interlock paving and steps, in the circumstances described above, the Corporation is to assume responsibility for payment;
- As regards water charges, the charges for 2018 are to be the responsibility of the Corporation. Going forward, individual metre charges are to be charged to
each townhouse unit pursuant to the Declaration, s.10; - The expenses for snow removal and landscaping are to be the responsibility of the Corporation. This will include the steps and verandas of the townhouse
units; - The cost of use of amenities by townhouse unit owners, going forward, will be in the amount as stipulated by the Board of Directors and as incorporated in
Bylaws. At present, that cost is $30 per month; - Notices are to be provided by mail sent to the addresses of each high-rise and townhouse unit owner on record. The Board of Directors may request of the
owners who would wish to receive notices by email to provide their consent. The Board of Directors must keep a record of the responses of any owners
who wish to receive notices by email. Otherwise, notices are to be provided by mail as above indicated.
The Court expressed concern about the conduct of the Board, but held that the Board’s conduct did not amount to oppression.
Beswick v. York Region Standard Condominium Corp. No. 1175