January 22nd - 2015

Condominium living means following rules

This case focused on ongoing issues between a condominium corporation and one of its unit owners who continued to defy restrictions at the property.

Legal Beat

This case focused on ongoing issues between a condominium corporation and one of its unit owners who continued to defy restrictions at the property.

Legal BeatThis case focused on ongoing issues between a condominium corporation and one of its unit owners who continued to defy restrictions at the property.

The judge stated the following.  “This sorry saga of one person’s refusal to live peaceably and cooperatively within a condominium community -- where all know the restrictions before they enter -- goes back to June 2, 2005, when the first notice was sent to her to leash her dog. Since then, the application covers serious use violations, building violations and continuous refusals to control her dog. She even furnished, changed the configuration of the interior, and rented out a fully-serviced unit within her own unit. The condominium apartments are all restricted to and built for only single family use, and for insurance purposes, that kind of change could amount to a material change in the risk, thus putting all at risk of loss in the case of fire or other peril happening.”

Simcoe Condominium Corp. No. 12 v. Walker, 2014 ONSC 4109 (CanLII)

Mervin Burgard Q.C.

MERV’S COMMENTS

The owner in question consented to a judgment ordering her to restore her unit to what it was planned for, and to live within the rules, bylaws and declaration of the SCC No. 12 for a set period, by the end of which she must sell her unit. She was also ordered to pay the condominium corporation’s legal costs of $48,692.09.

Did the owner get the message about communal living? Condominium buyers and their advisors should be aware of the most common issues that cause problems in these types of dwellings. They are: people, parking and pets.

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