The applicant condominium corporation sought orders against unit owners for unauthorized modifications, specifically an added bathroom, which breached the Condominium Declaration and Section 117 of the Condominium Act, 1998, by posing a risk to property and occupants due to Building Code non-compliance.
The court found jurisdiction for the Section 117 breach but dismissed the Declaration breach claim due to a failure to arbitrate.
The court ordered the respondents to bring the added bathroom into Building Code compliance or remove it, with the condominium authorized to perform the work at the owners' expense if they failed to comply.
