27/06/2023 – Jurisdiction Ontario
Part 83 published on 01/09/2023
Added bathroom to be brought into compliance with Building Code or alternatively to be removed
The owners had added a bathroom which contravened various provisions of the Building Code. The owners had also not obtained the Board’s prior written consent for the renovation, as required by the condominium corporation’s declaration. The condominium corporation applied for an order requiring that the bathroom be brought into compliance with the Building Code.
The Court said:
I find that the respondents have permitted a condition to exist in their unit that is
likely to damage or has damaged the condominium property, and is likely to cause illness or injury. The respondents have breached s. 117 of the (Condominium) Act.
The Court’s orders included the following:
- This court orders that, by October 2, 2023, the respondents shall bring the added
bathroom in the unit into compliance with the Ontario Building Code, as set out in
the DEI report, dated November 12, 2018. If bringing the added bathroom into
compliance with the Building Code will require the respondents to encroach on the
common elements of the condominium, the respondents must completely remove the added bathroom and reverse any modifications to the original plumbing system
that were made in 2009.
- (In the alternative), the respondents may completely remove the added bathroom and reverse any modifications to the original plumbing system that were made in 2009.
- The respondents shall provide the applicant with an opportunity to inspect the unit once the modifications or removal have been completed.
- If the renovations are not completed by October 2, 2023, the applicant is authorized to enter into the respondents’ unit in order to perform the work necessary to bring the alterations into compliance with paragraph 3 and 4 of this order, at the respondents’ sole expense.
Waterloo Standard Condominium Corp. No. 399 v Lee et. al., 2023 ONSC 3807