27/08/13 – Jurisdiction Ontario
Part 13 published on 01/02/06
Clause purporting to delay common expenses not valid
Part 13 published on 01/02/06
Clause purporting to delay common expenses not valid
This case involved a common elements condominium corporation comprising a “ring road” serving numerous abutting parcels of land. Many of the abutting parcels (the “POTL’s”) had not yet been developed. The Declaration contained an exclusionary clause, stating that common expense contributions of the undeveloped POTL’s was delayed until “at least fifty percent of the dwellings in such Future Residential POTL become developed dwellings”.
The Court said that this exclusionary clause was contrary to Sections 7(5) and 84(3) of the Condominium Act and was accordingly not valid (notwithstanding the fact that all purchasers had been aware of the exclusionary clause).
This case is under appeal.