A. Casalinuovo

A condominium corporation brought a motion seeking a finding of contempt and enforcement of a prior judgment requiring a unit owner to remove two dogs from his unit.

The respondent admitted he had not complied with the earlier order and sought an adjournment pending his motion to set aside that judgment.

The court held that a court order remains binding and enforceable unless and until it is set aside or overturned on appeal.

The respondent’s request for an adjournment was denied, and the court granted enforcement relief allowing entry to remove the dogs if necessary.

Costs were awarded to the condominium corporation.

Unit owners applied for a compliance order requiring a condominium corporation to call a meeting of owners after receiving requisition forms seeking a vote on proposed alterations to common elements.

The corporation refused to call the meeting, asserting the requisition was invalid because it consisted of multiple counterpart forms and many owners printed rather than cursively signed their names.

The court held that the Condominium Act, 1998 is remedial legislation requiring a liberal interpretation and does not require a requisition to be contained in a single document or signed in cursive writing.

Printed names constitute valid signatures and counterpart documents may collectively form a requisition.

The requisition satisfied the statutory requirement that owners of at least 15 percent of the units request the meeting.

The corporation was ordered to convene the meeting pursuant to ss. 46 and 97(3) of the Act.