The applicant condominium unit owner sought declarations and compliance orders regarding restrictive use covenants in a commercial condominium declaration.
The applicant operated an accounting office and relied on a declaration provision restricting multiple units from operating the same type of business.
Another unit owner provided tax preparation and financial planning services from its unit.
The court held that these services constituted operation of an “Accounting Office” within the meaning of the declaration, thereby contravening the restrictive covenant.
The court further held that a declaration clause purporting to relieve the condominium corporation from enforcing restrictive covenants conflicted with s. 17(3) of the Condominium Act, 1998, which obligates the corporation to take reasonable steps to ensure compliance.
The clause was declared unenforceable and deemed amended, and compliance orders were granted.
