Summerville Condominium Corporation v. Dynamic Physiotherapy

One of the commercial units in the condominium was sold.  The sale agreement included a term that the purchaser would be permitted to install a sign on the common elements.

Under the corporation’s governing documents, the corporation’s consent was required to the sale, and also to the sign.

The corporation gave its consent to the sale. However, the court said that the corporation had not given its consent to the sign (and the Board’s consent to the sale did not impliedly include consent to the sign). The purchaser was required to remove the sign.

The Court also said that, under the terms of Section 12(4)(b) of the Condominium Act, the corporation was entitled to recover all of its reasonable legal expenses.