Part 52 published on 01/11/15
Owner responsible for excessive water consumption
The owner used his unit for a legal marijuana grow operation (for medical purposes). This use resulted in an excessive consumption of water. The condominium corporation billed the owner for this excessive water consumption, calculated with the assistance of a meter installed to help determine the extra water consumed in the unit. The Court said:
I accept, without hesitation, that Mr. Truman’s use of water was disproportionate to the allotted 5.13% share of common expenses and in the result, inequitable and unfair, not only to the plaintiff, but to the other nineteen unit owners. In effect his cultivation of medical marihuana was being subsidized.
Therefore, the Court granted judgement in favour of the condominium corporation for the cost of the excessive water consumed by the owner.