25/07/2019 – Jurisdiction Ontario
Part 67 published on 01/09/2019
Court orders one of requested amendments to Declaration and Description
This was a dispute relating to the repair and maintenance obligations applying to the fireplace flues.
MTCC 590 is a 21-storey highrise, containing 120 residential units. Only the units on the top four floors have wood burning fireplaces. The owners of those units did not dispute their obligation to repair and maintain their fireplaces. However, they asserted that the condominium corporation was responsible to maintain and repair the flues.
The condominium corporation sought amendments to the Declaration that would designate the flues as exclusive-use common elements and would render the owners of the fireplaces responsible to repair and maintain the flues serving their fireplaces.
The Court held that the failure to designate the flues as exclusive-use common elements was an error and ordered that the Declaration be amended (to designate the flues as exclusive-use common elements for the owners with the fireplaces).
However, the Court nevertheless held that, according to the Declaration, the condominium corporation was obligated to repair and maintain the exclusive-use common elements (including the flues)….and the Court saw no error in that regard. Therefore, the Court did not order any amendment in relation to the repair and maintenance obligations.
Metropolitan Toronto Condominium Corporation No. 590 v Registered Owners, 2019 ONSC 4484