27/07/2018 – Jurisdiction Ontario
Part 63 published on 01/09/2018
Court addresses condominium corporation’s right to recover full costs under Section 134(5) of the Condominium Act
The owner had made an unauthorized modification to the common elements. After the condominium corporation started this Court application, the owner had consented to an order requiring that the modification be reversed. The Court ordered the owner to pay costs to the condominium corporation on a substantial indemnity basis. The Court went on add the following in relation to Section 134(5) of the Condominium Act:
I am mindful of the purpose and intent of the relevant provisions of the Condominium Act – protecting compliant condo owners from expenses that are the result of conduct on the part of defaulting owners. Protection is provided to the compliant owners by virtue of s. 134 (5) of the Condominium Act, Article 7 of the applicant’s Declaration, and By-law No. 3 of the applicant. Pursuant to those provisions, compliant condo owners are protected from the difference between the applicant’s actual cost and the costs ordered on the application.