Who Should Pay The Costs Incurred By The Corporation In An Application For Compliance?

The blog discusses a case where a condominium corporation hired a lawyer to obtain compliance from an owner who installed an air conditioner on common property without authorization. The owner did not respond to the corporation's application for compliance but attended the application and agreed to relocate the air conditioner to an approved location. The owner argued that the corporation should pay the costs of the application since it retained the lawyers, but the court awarded costs on a substantial indemnity basis, confirming that non-compliant owners are responsible for costs incurred due to their non-compliance.