07/10/2021 – Jurisdiction Ontario
Part 76 published on 01/12/2021
Court makes orders to remedy hoarding in unit
The condominium corporation applied to Court because of the owners’ “hoarding an excessive and dangerous amount of clutter in their condominium unit”. The unsafe condition of the unit was initially noted in inspections of the unit carried out by the condominium corporation, and subsequently confirmed through inspection and reporting by a fire safety consultant. Despite requests from the condominium corporation, the owners had failed to carry out the necessary clean-up of the unit; and the owners ultimately even installed additional locks to prevent the condominium corporation from carrying out further inspections or from attending to the required clean-up.
The Court said:
The Applicant provided several opportunities for the Respondents to remedy the condition of their unit. The Respondents did not take any steps to remove the clutter from their unit. Rather than work with the Applicant, the Respondents refused to allow the Applicant to inspect the unit and changed the locks on the door to the unit. I am satisfied that the Respondents will not voluntarily clean the unit.
The Court ordered the owners to promptly attend to the necessary clean-up and, failing such, that the clean-up could be carried out by the condominium corporation at the owners’ expense. The Court also confirmed the right of the condominium corporation to undertake regular inspections in order to monitor the ongoing condition of the unit. Finally, the Court ordered that the owners pay costs to the condominium corporation.