The applicant condominium corporation sought a compliance order against a unit owner who carried out extensive, unauthorized renovations that altered the common elements.
The respondent argued the application was barred because the applicant failed to mediate or arbitrate the dispute first.
The court held that mediation is not required for disputes regarding initial compliance with section 98 of the Condominium Act.
The court granted the compliance order, allowing the applicant to inspect the unit and restore the common elements, but found insufficient evidence to order a full repair of the unit under section 92.
