In a recent case, Hakim and Kayyali v. Toronto Standard Condominium Corporation No. 1737, the court considered the unit owner's claim that the condominium corporation's efforts to have the unit owner comply with the declaration was oppressive and unfair.
Since moving into the condominium, the applicant had been parking his van in the underground garage. This was contrary to the provisions in the declaration which prohibited vehicles exceeding a height of 1.9 metres and also prohibited commercial vehicles. Enforcement letters were sent to the owner and seven other residents. There were protracted negotiations between the unit owner and the corporation for several years, but there never was a resolution of the issue.
The unit owner's position was that because of the Board's failure to enforce the declaration for such a long period of time, the unit owner was entitled to have his vehicle grandfathered such that it could be legally parked underground, notwithstanding its violation of the declaration. Not only that, the unit owner also claimed $150,000 in monetary compensation. The Board was only willing to give the owner a 7-month visitor permit to allow the unit owner time to sell the unit within that time period.
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