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ARTICLE · 15 JULY 2015

What Is A Private Single Family Residence?

Miller Thomson
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Most declarations for residential condominiums contain a provision that states that "Each unit shall be used and occupied as a private single family residences and for no other purpose."

CanadaReal Estate and Construction
Warren Kleiner
Warren Kleiner
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Most declarations for residential condominiums contain a provision that states that "Each unit shall be used and occupied as a private single family residences and for no other purpose."

So what does "private single family residences" mean?

Recent case law has confirmed that this terminology, in a declaration, means that units only meet the definition of single family occupancy if the residents are "a social unit consisting of parent(s) and their children, whether natural or adopted and other relatives if living with the primary group."

In the recent case of Ballingall v CCC No. 111, 2015 ONSC 2484 the court was asked to address the question again.

For many years the boards of directors of CCC 111 did not enforce the private single family residence provision in its declaration. Many owners who lived in the complex complained about the failure to enforce the provision and the impact of student residents on the property and the owner occupant residents.

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