The Amlani Decision: Recovering Compliance Costs From Unit Owners

There has been considerable debate in the condo industry since the release of the Superior Court of Justice's decision in Amlani v. York Condominium Corporation No. 473 ("Amlani"). While some have taken the position that corporations now cannot recover the costs of obtaining an owner's compliance unless and until a court order has been obtained, we remain of the view that corporations can continue to recover compliance costs in certain circumstances.

The Facts

Amlani centred around a unit owner who smoked in their unit. When they purchased the unit, the owner took care to ensure that there were no smoking restrictions in the building. After living in the unit for around two years, there were complaints about smoke emanation; and, in response, the corporation took steps to seal openings in the unit. Two more years passed until the corporation received further complaints.