Establishing Boundaries and "Good Fences" in Condominiums

This article from the Fall 2020 issue of the CCI Toronto Condovoice Magazine discusses the enforceability of various types of community-defining declaration provisions in condominiums. It explores the restrictions on pets, adults-only requirements, and restrictions on Airbnb short-term rentals. The article emphasizes the importance of a condominium's declaration and rules in establishing boundaries between neighbors and maintaining a harmonious living environment. It also highlights past court decisions related to window restrictions and how they can impact the enjoyment of unit owners. The article concludes that while some restrictions are enforceable, others may be challenged based on context-specific factors, such as human rights considerations, arbitrariness, and disproportionality.