Part 57 published on 01/03/17
Owners ordered to remove laundry machines
Plumbing back-ups were occurring due to laundry machines. The condominium Board had passed a rule to prohibit in-suite laundry machines. The Court said:
The evidence establishes that the Condo Board acted within its authority and conducted its due diligence in making its decision to prohibit the in-suite laundry machines.
The owners were ordered to remove their laundry machines and to pay charges imposed by the corporation for failure to comply with the by-laws.
The Court said:
As noted …, the Condo Corp acted within its authority and practiced due diligence in making the decisions of which the Owners complain. The Courts grant significant deference to the decisions of condominium boards because of their status as duly elected bodies. I find there is no evidence to support the assertion by the Owners that the Condo Board acted in a manner that was “clearly oppressive, unreasonable and contrary to legislation”.