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ARTICLE · 18 MAY 2021

Compliance Order Obtained Against Condominium Owners For Unruly Behaviour And Refusal To Wear Masks

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Living in a condominium requires a balancing of interests between the residents and compliance with the rules and by-laws that govern the community.

CanadaCompliance

Living in a condominium requires a balancing of interests between the residents and compliance with the rules and by-laws that govern the community. No owner can be permitted run amok or impose their designs unilaterally on the rest of the condominium community. Personal activities must take into account the impact upon other residents, as regulated by the condominium's rules.

In Carleton Condominium Corporation No. 32 v. Yakovlev, 2021 ONSC 3323 (CanLII), a condominium consisting of 177 residential units alleged that three unit owners had engaged in conduct that contravened the City of Ottawa's Temporary Mask By-law, which required the unit owners to wear a mask that covered their mouth, nose, and chin, when they were in an enclosed common area of the condominium. The condominium also alleged that the three owners had created excessive and unbearable noise at unreasonable hours, and engaged in aggressive and/or harassing behaviour towards others.

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