Conflict Between Condo Declaration And Religious Practices

In the vast majority of instances, it is important for condominium corporations to actively enforce their declarations, by-laws and rules. In fact, section 17(3) of the Condominium Act, 1998 (the "Act"), imposes an obligation on condominium corporations to take all reasonable steps to ensure compliance. However, there are certain instances when condominium corporations should exercise discretion and obtain guidance from legal counsel before seeking to enforce. An example of such a predicament is the placement of a mezuzah on a unit's exterior doorframe. This issue has previously received media coverage in the United States and has recently resurfaced.

Common practice amongst most members of the Jewish faith is to affix a small ritual item on their doorposts known as a mezuzah, which contains biblical verses written on parchment. This ritual is regarded as a religious obligation and canonized as such in the Jewish Bible (the Torah). A potential problem can arise when