Nancy Leigh Houle

A condominium corporation applied for an order requiring unit owners to comply with condominium bylaws, permit installation of an energy meter, and pay related installation and water charges.

The unit owners resisted installation and advanced a cross‑application alleging non‑compliance with s. 97 of the Condominium Act, 1998 and seeking relief under the oppression remedy in s. 135.

The court found the condominium board acted fairly and reasonably, that replacement of energy meters did not constitute a “change” under s. 97, and that the oppression claim was unsupported.

The court ordered the unit owners to reimburse installation costs, pay outstanding water charges, comply with the condominium bylaws, and pay $15,000 in costs.

A condominium unit owner applied for a declaration that a certificate of lien registered by the condominium corporation against her unit was invalid.

The corporation had added legal costs incurred for obtaining advice in defending Small Claims Court actions commenced by the owner to the owner's common expenses and registered a lien under the Condominium Act, 1998.

The court interpreted the condominium declaration strictly and held that the indemnity clause permitted recovery only where the corporation took legal action against an owner and incurred costs in enforcing compliance.

Because the owner had commenced the actions and no costs award had been granted to the corporation, the declaration did not authorize recovery of the legal advice costs as common expenses.

The lien was therefore invalid and ordered discharged.