Part 22 published on 01/05/08
Owner ordered to remove window tinting
The east side of the condominium building is subject to excessive heat generated by sunlight. The respondent owner accordingly suggested that the Board consider coating the windows of the condominium with a film as a solution to this problem. The Board did not decide to coat all windows, but decided to allow the respondent to install a clear film on the east windows of her unit, at her expense. The respondent then asked that the Board approve a “Solar Bronze film”, which is slightly darker and bronze-coloured, because “the heat generated by the sun would be cut by a much greater degree” by such tinted film (as opposed to clear film). The Board refused the request for bronze-tinted film on the grounds that the tinted film would compromise the external visual integrity of the building. The respondent nevertheless arranged for the installation of the Solar Bronze film, because the installation firm told her that the film could be removed if necessary.
The Court said that the respondent’s actions contravened the corporation’s By-laws, which prohibited any alterations to the exterior appearance of the building. The respondent was ordered to remove the bronze-tinted film.