Part 30 published on 01/05/10
Court orders removal of gazebo
An owner erected a gazebo on the common elements without consent of the board. The Court described the gazebo as follows:
The gazebo is intended to be attached to the ground surface upon which it is built and the manufacturer provides a kit for attachment of the structure to concrete, wood or earth. The respondent caused the gazebo to be erected but not to be attached to the ground of the terrace. Instead, she has the footings of the structure weighted down with flower planters.
The Court concluded that the gazebo “is an addition and is a structure which falls under Section 98 of the (Condominium Act, 1998) requiring approval by the board and an agreement registered on title”.
The Court also held that the gazebo violated provisions in the corporation’s declaration. However, mandatory mediation and arbitration did not apply where the application included a request for compliance with the Act.