31/08/2023 – Jurisdiction Ontario
Part 83 published on 01/09/2023
Owner did not violate rule respecting smoking
Under the corporation’s rule respecting smoking, legacy rights applied to the owner’s unit. The rule also said that the condominium corporation could revoke the legacy rights if the smoking was deemed to be a nuisance by the Board or Manager, acting reasonably.
The condominium corporation applied for an order confirming that the owner was in violation of the rule. The Tribunal held that there was no violation, and denied the application. The Tribunal said that there had been only one complaint about smoke coming from the owner’s unit, and the corporation had not properly investigated and confirmed the reasonableness of the complaint.
The Tribunal also held that the condominium corporation did not have any right to lien the owner’s unit without first obtaining an order for recovery of the costs.
York Condominium Corporation No. 50 v. Overholt, 2023 ONCAT 123