Part 44 published on 01/11/13
Owners’ claims dismissed as “de minimus” (ie. too trivial). Also reasonable for the corporation to ask that all board communications go through the management office
The condominium corporation had directed the owners to:
(a) refrain from leaving sweaty towels on exercise machines and from adjusting television and audio equipment in the exercise room;
(b) refrain from making direct contact with the residents of unit 903;
(c) refrain from communicating with security personnel except in cases of real emergency; and
(d) refrain from communicating with members of the board, except through the management office.
The owners asserted that the condominium corporation had no proper basis for these directives. They said that they feared that the condominium corporation was “building a record to try to oust them from the condominium entirely”. The owners sought an order that their concerns be arbitrated.
The Court said:
- “I conclude that the matters in issue are so minor and incidental that there is nothing to litigate and nothing to mediate. The application is dismissed.”
The Court also said:
- “The (condominium corporation) has asked the (owners) to use the management office when communicating with the members of the board of directors….This seems sound policy for two reasons:
(a) it facilitates corporate record-keeping (it is more likely that these communications will be documented properly if they go through the office); and
(b) it protects board members from undue interference with the quiet enjoyment of their own units and the common areas.”
- (If the condominium corporation does try to oust the owners from the condominium), “then it will be open to the (owners) to challenge that decision, including any underlying facts alleged to support it.”