Part 51 published on 01/08/15
Owners not in compliance with previous Court order requiring that unit be cleaned
The condominium corporation applied for an order declaring that the respondent owners had failed to comply with a previous Court order respecting clean-up of the unit. The Court granted the requested second order. The Court said:
The evidence indicates that the respondents are in non-compliance of (the previous court order). They continue to refuse to permit the (condominium corporation) entry to clean and de-infest the unit; they continue to fail to clean their unit in order eradicate the severe infection of cockroaches and prevent further infestations to continue; and they continue to prevent the transmission of offensive odours into the common elements and surrounding units.
The Court ordered that the respondents “permit (the condominium corporation) and their agents to enter (the unit) as many times as are necessary to fully eradicate the infestation and thereafter, periodically, to ensure that the unit remains clean and pest-free”.
The Court said that the cleanup costs were to be covered by the respondents pursuant to section 92(4) of the Condominium Act. The Court also said:
In the event that the respondents’ non-compliance with the (previous court order) continues, that the respondents continue to prevent the ordered treatments by barring entry to their unit, and persist in living in unhealthy, unclean, cockroach-infested surroundings, the (condominium corporation) will be entitled to return to court to obtain an Order pursuant to section 134 of the Act requiring the owners to vacate and sell their unit.
The condominium corporation was also awarded costs on a full indemnity basis.