Part 30 published on 01/05/10
Owner operating a restaurant ordered to comply with condominium by-laws
The condominium corporation applied for an order evicting an owner who was operating a restaurant, based upon various breaches of the condominium’s by-laws. The Court refused to evict the owner. Even though the condominium’s by-laws did not anticipate eviction, the Court said that eviction might be ordered, in appropriate circumstances, under the terms of the Condominium Property Act. However, the Court said that “the Condominium Property Act proposes an incremental approach to improper conduct. Eviction, as proposed by the applicants, is not an incremental remedy. Some opportunity should be given to the restaurant owner to remedy the breaches before the most serious relief possible should be invoked.”
The Court ordered the owner to take various steps in order to comply with the corporation’s by-laws. The Court also said that fines imposed by the condominium corporation were not enforceable, because the condominium’s by-laws did not provide for fines. Still, the owner was responsible for the corporation’s expenses (including insurance deductibles) resulting from the owner’s breaches of the by-laws.