Part 18 published on 01/05/07
Board unreasonably refused to grant consent to owner’s proposed common element modification
One of the owners asked to install a stairway from his rear deck to the ground level, in order to allow a safety exit in the event that he was unable to use the front entrance to escape. The distance from deck to ground was approximately 1.5 meters.
The owner obtained a Court order allowing him to proceed with the proposed installation of the stairway. The owner then made an application for building permit, and received a building permit to proceed with his “stairway proposal”. Subsequently, the condominium corporation passed a new “stair policy”, stating that newly constructed stairs must be attached directly to the existing deck and be parallel to the owner’s unit. The President of the condominium corporation said that the new policy “was intended to ensure high-quality construction standards, consistency with other stairways in the complex and overall aesthetics of the condominium complex”. The owner’s stairway proposal was not completely consistent with the new stair policy.
The Court said that the new stair policy did not apply to this owner. The Court considered the owner’s design to be reasonably consistent with the other existing stairs, even though it might not be in strict compliance with the new policy. The Court accordingly held that the condominium corporation had unreasonably refused its consent, in this particular case, for purposes of Section 33(e) of the Condominium Property Act. The owner was authorized to proceed with his stairway proposal.