What can a condominium corporation do when a resident is creating a dangerous situation?
As shown in the recent decision of MTCC 747 v. Korolekh, a condominium corporation can apply to the court for relief, and under extreme circumstances, the court will grant extreme relief.
Ms. Korolekh, who terrorized her neighbours in a variety of ways, including violence and intimidation by her lunging Rottweiler, was ordered to remove the dog, sell her unit, and move out. After Ms. Korolekh failed to abide by the court’s order, the condominium corporation returned to court this morning, September 17, 2010, resulting in an agreement between the parties that Ms. Korolekh would in fact comply.
The case, which is available online, and which was the subject of the front-page headlining article in the Saturday Toronto Star for September 11, 2010, is an important reminder of the unique relationship that exists between condominium residents, and the far-reaching powers of the courts to protect innocent unit owners from those who run afoul of the law.
For those condominium boards that hope to rely on this case, remember that the remedy will always depend on the facts. Ms. Korolekh was ordered to move out and sell her unit because the court determined that she was completely unmanageable – but in other less extreme cases, a court might not be inclined to grant such a remedy. In this regard, our firm has been successful in obtaining a variety of beneficial results in dealing with unmanageable unit owners and tenants alike.
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