26/02/16 – Jurisdiction Ontario
Part 54 published on 01/05/16
Court orders condominium corporation to consent to owner’s requested change to common elements
Part 54 published on 01/05/16
Court orders condominium corporation to consent to owner’s requested change to common elements
The applicant owned numerous parking spaces in the condominium’s garage. The applicant asked for the Board’s consent to make certain changes to the common elements which would allow the parking spaces to be leased to the public on an hourly basis. The Board refused consent, because of concerns about security. The Court held that the Board’s refusal was oppressive to the applicant and held that the applicant was therefore entitled to make the requested changes – even without any vote of the owners as is normally required (for an owners’ proposed change to the common elements) under Sections 97 and 98 of the Condominium Act.