Part 5 published on 01/02/04
Condominium by-law oppressive and unenforceable.
West Point Plaza is a mixed/used high-rise condominium in Calgary. There are several commercial units on the main floor, which are accessed from the outside of the building. The second floor consists of a recreational area accessible only to owners, a foyer and one commercial unit. All units on the floors above are residential units.
The residential owners were concerned about security in relation to visitors to the second-floor commercial unit (i.e., clients of that business). Therefore, the corporation enacted by-laws which placed restrictions upon the access by the business clients. The Court ruled that the bylaw was oppressive and prejudicial to the commercial owner’s interests. The Court ordered the condominium corporation to afford the commercial owner and it’s visitors access in the same manner as the residential owners. In particular, the requirement that the commercial owner meet and escort it’s visitors to and from the front door was lifted.