Part 8 published on 01/11/04
Owner ordered to reverse unauthorized unit modification
The owner had installed ceramic tiles on the porch, without consent of the Board. The porch was part of the unit.
The declaration stated that consent of the Board was required for:
- Any structural change, renovation, alteration or addition to a unit.
- Any change to the exterior appearance of a unit.
The Court said that consent of the Board was required in this case because this was “a renovation, an alteration, an addition” to the unit.
The Court said that the fact that the tiles looked nice was irrelevant. The Court said that the matter is decided by the declaration and by the Board. The Court said:
“The Board of Directors of this condominium was elected by the unit owners to administer this condominium in the best interests and for the welfare for the whole corporation. It is not for the court to step into this fray.”
The condominium corporation was awarded costs on a substantial indemnity basis (full recovery).