03/05/2023 – Jurisdiction Ontario
Part 82 published on 01/06/2023
Condominium corporation authorized to reverse unauthorized modification to the common elements
The condominium corporation applied for an order allowing the condominium corporation to reverse certain modifications to the common elements made by one of the owners.
The owner had made the modifications without required authorization of the condominium corporation as required by Section 98 of the Condominium Act. The owner applied for approval, after-the-fact. However, the condominium corporation refused approval because of concerns about lack of uniformity in appearance of the community. The owner claimed that the condominium corporation’s refusal was oppressive.
The Court granted the condominium corporation’s application, and held that there was no oppression. The Court said:
…it is not the function of the court to stand in the shoes of the condominium Board and make decisions about property management issues (such as what modifications to the common elements should be allowed referable to a particular unit). A unit owner must accept the jurisdiction of a condominium board to make decisions about exclusive use common areas and to enforce rules about maintaining a uniformity of appearance of unit exteriors. This is a core function of a condominium Board.
Carleton Condominium Corporation No. 132 v Newton, 2023 ONSC 2705 – David’s Case