15/02/2022 – Jurisdiction Ontario
Part 77 published on 01/03/2022
Appeal Dismissed. Court of Appeal upholds by-law imposing reasonable fees upon renters
The lower Court had upheld most aspects of a by-law passed by the condominium corporation, including provisions of the by-law “controlling who may operate a rental program using the common elements and assets, charging Rental Management and Amenity fees, collecting refundable damage deposits, and imposing limits on the number of tenants who can occupy a rental unit”. [See Condo Cases Across Canada, Part 73, March 2021.]
The appellant (Cottage Advisors) appealed, arguing that the provisions of the by-law allowing the condominium corporation to charge rental management fees and amenity fees (to renters) should be struck down.
The appeal was dismissed. The Appeal Court said:
The application judge was satisfied that the fees offset costs attributable to the renting activities of some of the owners: Reasons, at paras. 32, 34. That finding was available on the evidence adduced on the application. The manner in which fees attributable to renting have historically been treated by the Condominium provide strong support for that conclusion. Amenity fees attributable to costs relating to renting units have been part of the operation of the Condominium from the outset when CAC was in control of the operation.