The applicant, owner of two commercial units in a condominium, sought an order to amend the condominium declaration to allow its employees access to the recreational facilities, or alternatively, to reduce its contribution to common expenses.
The applicant argued that the declaration's restriction limiting recreational facility use to residential unit owners was inconsistent with the Condominium Act, 1998.
The court dismissed the application, finding that the declaration properly restricted the use of common elements under section 7(4)(b) of the Act and complied with a site-specific municipal by-law.
The court also affirmed that condominium fees do not need to directly correlate with the actual cost of maintaining common elements.
