2 total
Full indemnity costs awarded to neighbourhood association for enforcing restrictive covenants against a homeowner.
The applicant neighbourhood association sought costs on a full indemnity basis following a successful application to enforce restrictive covenants and architectural controls against the respondent homeowner.
The respondent argued that the applicant was not a condominium corporation and therefore the Condominium Act did not apply to justify elevated costs.
The court held that the applicant functions similarly to a condominium corporation and the principle that blameless homeowners should not bear the costs of securing compliance applies.
The court awarded full indemnity costs to the applicant in the amount of $72,980.13.
Injunction Application allowed
A neighbourhood association sought to enforce restrictive covenants and by-laws against a property owner who proposed to add eight new windows to the exterior side wall of his townhouse following fire damage repairs.
The owner challenged the validity of the restrictive covenants as vague, uncertain, and ambiguous, arguing they lacked objective criteria and could be enforced arbitrarily.
The court upheld the restrictive covenants as valid and enforceable, finding they were part of a building scheme designed to preserve uniformity of the community's exterior appearance.
The court distinguished building schemes from developer's restrictive covenants, noting that under a building scheme all owners share similar burdens and benefits.
The court granted the association's application for a declaration that the covenants were valid and enforceable, and that the owner was in breach.
