Condominium declarations often contain provisions that create obligations for the condominium corporations and their board of directors. This article is a case review wherein a condominium corporation challenged that obligation under Section 112 of Ontario Condominium Act.
Unit owners must comply with the specific rules and by-laws of the condominium corporation, otherwise the Corporation has the right to get a court order directing compliance and ordering payment of its ...
Case analysis on the Ontario Court of Appeal decision and interpretation of Section 98 of the Ontario Condominium Act, specifically deals with an owner needing approval from the condominium board for any addition, alteration or improvement to the common elements. The court found that the installation of a hot tub did not need approval by the board subject to section 98.
Condominium balconies or terraces are generally now owned by the unit owner, they are exclusive use common elements owned by the condominium corporation. Any addition, alteration or improvement to the terrace or balcony must be approved by the condominium board.