Part 30 published on 01/05/10
Court upholds condominium corporation’s decision to permit satellite dish
The plaintiff, Anderson, sought judicial review of the condominium corporation’s decision to allow his neighbour to install a satellite dish. The Court dismissed the application.
The Court said that condominium corporations do not owe a public duty, but rather are obligated to enforce the governing documents of the corporation. In this case, the satellite dish had been approved in accordance with the corporation’s by-laws. The Court said:
“The condominium association has a statutory duty to enforce its bylaws, which it clearly did in this situation. That statutory duty does not extend to the appeasement of the whims of a single unit holder when the unit holder disagrees with a discretionary decision of the condominium association in relation to whether the condominium association allows the placement of a satellite dish on a unit in the complex.”
The Court specifically said that judicial review does not apply to a condominium association decision. The Court also found that the application was time-barred because three years had passed since the corporation’s approval of the satellite dish.