Rear Deck Case Affirms Condominium Corporations’ Rights
Posted on October 29, 2010 at 09:04 AM
In the recent case of Durham C.C. No. 90 v. Wallace, the unit owners in question had sought and obtained approval from the condominium corporation's board of directors to build a deck at the rear of their townhouse condominium unit.
The problem was that the deck, as built, exceeded the dimensions that had been previously approved. The condominium corporation insisted on compliance with the approved dimensions, and, with the assistance of Toronto condominium lawyers, brought a court application to require the unit owners to alter the deck.
The unit owners responded with a counter-application, claiming that they were being treated unfairly, as other owners had been permitted to keep decks which were even larger than theirs. Those larger decks had been grandfathered by the board, as they were constructed prior to the condominium corporation adopting a strict policy regarding the permitted size and dimension of decks.
The court held in favour of the condominium corporation, and ordered the unit owners to bring their deck in to conformity with the approved dimensions. The court also ordered that if the unit owners failed to conform, that the condominium corporation could, on 24-hours written notice, undertake the work and add the cost to the common expenses for the unit.
The court rejected the unit owners'argument that they had been treated unfairly, and upheld the principle that the court should allow the elected board of directors to determine what is best for the condominium corporation as a whole.
If your condominium corporation has a dispute regarding a unit owner's changes to the common elements that cannot be resolved to the satisfaction of the corporation, the condominium corporation’s solicitor should be contacted without delay to discuss the available options.
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