November 2024
Condo boards have limited authority in their condominium corporation. Exceeding this authority has consequences. One condo owner asked for permission to carry out unit renovations that included installation of new tile in the washrooms and kitchen, replacement of the kitchen counter and cabinets, and new bathroom vanities. No structural changes were requested.
The board placed unreasonable restrictions on this work. They approved it only if started on December 6 (2021) and completed within four days. Contractors were allowed to use the service elevator but only twice for a maximum of 20 minutes to transport materials, debris and equipment. The board was informed they would require at least three hours to remove construction debris. Delivery of supplies was not possible within the 20-minute window.
The owner commenced work, ran out of time and retained a lawyer who submitted a proposed construction schedule. The board failed to respond for nearly three months after which a court order was sought declaring that the corporation was in breach of the Condominium Act and requiring it to cooperate by allowing a reasonable schedule.
The owner took the corporation to court for failing to act reasonably in considering his renovation request. The corporation was required to consider his renovation requests fairly, provide timely responses and decisions, and repay additional renovation costs of more than $50,000 plus its own legal bills.
