29/06/2023 – Jurisdiction Saskatchewan
Part 83 published on 01/09/2023
Owner did not have a reasonable expectation that an in-suite laundry was permitted. Claim for oppression dismissed.
The owner had installed an in-suite laundry facility, without approval. The condominium corporation instructed the owner to remove it. The owner claimed that this was oppressive.
The Court dismissed the owner’s claim. The Court said that, in the circumstances of this case, the owner could not form a reasonable expectation that an in-suite laundry was permitted.
The Court’s decision included the following:
The condominium corporation understood that the building’s plumbing system could not tolerate discharge from many in-suite laundries and had therefore, in good faith, not permitted any in-suite laundries in the building.
The condominium corporation’s Policies & Procedures included a requirement that owners seek written approval from the Board for the applicable specifications before making any additions or alterations to the interior of their units. The owner had not complied with this requirement.
The condominium corporation’s By-laws included a requirement that the owners seek written approval from the Board for the applicable design and specifications before making any structural alterations or additions. Again, the owner had not complied with this requirement.
The Court said:
I find that the running of the water lines and the installation of a drain would be
a structural alteration to a condominium unit. In adding these improvements, I find you are changing the structural characteristics of the room so as to accommodate the installation and functioning of a large appliance. While a prohibition against in-suite laundry is not specifically included in the estoppel package given to Mr. Sopher, these Bylaws are clear that permission must be obtained from the Condo Corp in order to proceed with alterations and renovations to the interior of a unit.
The Court also said that even if the Court’s conclusions were wrong (and Mr. Sopher had formed a reasonable expectation to install an in-suite laundry which was breached or threatened to be breached), “the conduct of the Condo Corp was not oppressive, not unfairly prejudicial and did not unfairly disregard Mr. Sopher’s interest”.
Sopher v The Owners Condominium Plan No. 82S15667, 2023 SKKB 143 – Saskatchewan