By Martin Rumack
Martin Rumack is a well known Toronto lawyer very knowledgeable in condo law so I thought I would share this article he wrote for Real Estate Magazine Online.
An owner of a condominium unit may feel secure in the knowledge that he owns title to his little piece of the building and can do as he wishes, subject to certain reasonable rules and general constraints on use and behaviour that apply to all owners, and which are found in the condo corporation’s governing documentation (the declaration, bylaws and rules).
But it may surprise you that in more than a few cases, condo unit owners have been forced against their will to vacate and sell their units, under powers granted to courts under the Ontario Condominium Act, 1998. In other words, courts can evict condo owners. While the circumstances are admittedly unusual, the common thread among them is that courts were forced to take drastic measures against one misbehaving owner in order to effectively keep peace and harmony among the others.
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