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Condo Obligations

Posted on May 14, 2020 | Posted in Five Liners, Real Estate

Mohamoud v. Carleton Condominium Corporation No. 25, 2020 Ont SCJ

A unit owner commenced an application against a condo alleging that the condo had failed to meet its statutory obligation to maintain and repair the condo’s common elements and had acted towards her in an oppressive or unfairly prejudicial manner. The unit owner complained that the condo’s two roof-top exhaust fans were making a vibrating noise that caused her discomfort. Over 5 years, the condo had attempted to discern the problem and maintain the fans to satisfy the owner and spent approximately $50,000 on its efforts. Ultimately, it replaced the fans which, for the unit owner, reduced the noise to a tolerable level. The judge noted that the condo was not expected to be perfect, but only to act reasonably, and it did so. She dismissed the application and awarded the condo $70,000 in costs. The unit owner had rejected the condo’s offer a couple of months before the hearing of the application to have the application dismissed without costs; big mistake. As an aside, the judge held that the condo’s lawyers should have provided their dockets on the costs hearing, redacted as necessary for privilege, but their failure to do so was ameliorated because their claimed fees and disbursements were less than the unit owner’s.


Jonathan Speigel


Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.


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