Enforcement Of Condominium Declarations

Of all the various responsibilities of a condominium board, perhaps none is as important as ensuring that its unit owners are in compliance with the terms of the corporation's Declaration, Rules and applicable By-laws.

Given the significant increase in the number of new condominium developments in Ontario, it is not surprising that there has been a corresponding increase in the number of "compliance"¹ proceedings commenced by condominium corporations against defaulting owner(s).

Recently, in the case of Peel Condominium Corporation 108 v. Young,² the condominium corporation commenced an Application before the Ontario Superior Court of Justice against a unit owner to enforce its Declaration. The issue here was that the unit owner installed a tankless gas water heater in her unit, without the consent of the Board. The reason why the consent was necessary was that the owner constructed a vent through the outside wall of the unit, which formed part of the common