Condominium Plan 8022962 v. Malinowski

31/07/13 – Jurisdiction Alberta
Part 8 published on 01/11/04
Owner required to remove certain items stored in his exclusive use area. Owner entitled to keep satellite dish

The owner was ordered to remove items improperly stored in his exclusive-use area (contrary to the corporation’s by-laws). 

The corporation’s by-laws included certain restrictions applicable to “an antenna, an aerial and a television antenna”.  The court said that a satellite dish is an “an antenna, an aerial and a television antenna”.  However, the Court said that the satellite dish did not infringe the by-laws in this case because it was not attached to a corporate structure.