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Common Element Modifications by Owners – The Role of the Board

Author: 
James Davidson
Publication date:
February 18, 2020
Article Summary: 

The Ontario Court of Appeal recently confirmed a lower court ruling on the role of a condominium Board when dealing with an owner's request to make a change to the common elements. Generally speaking, condominium corporations can say "yes" or "no" to an owner's requested change to the common elements. However, the Corporation (the Board) must act fairly, meaning they must treat each request with fairness and consistency and without making decisions based on arbitrary or inconsistent grounds.

Keywords: 

Common elements, Board consent, condominium corporation, Section 97, Section 98, Declaration, By-laws, Rules, Noguera v. Muskoka Condominium Corporation, fairness, consistency.



Source Citation: 
James Davidson
Common Element Modifications by Owners – The Role of the Board
February 18, 2020
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