Part 19 published on 01/09/07
Owner ordered to remove satellite dish
The respondent owner had installed a satellite dish without consent of the Board. The Court found that the satellite dish contravened Section 98 of the Condominium Act, 1998 and accordingly ordered that the satellite dish be removed. The Court also found that the satellite dish violated the corporation’s Declaration and Rules.
The Court added the following: “This is not a situation in which mediation or arbitration is required. These are circumstances in which the evidence establishes a clear violation of the Act, the Declaration and the Rules.”
The owner’s primary argument was that a meeting of the condominium corporation (presumably to discuss satellite dishes) was to be held in the near future – so that consideration of removal of her satellite dish should be delayed until after the meeting. The Court said that this is “legally incorrect”. The Court said: “There is nothing that can be done at any meeting of the condominium corporation that can change the fact (that the satellite dish was installed in violation of Section 98 of the Act), and such considerations are irrelevant.”