Two condominium corporations brought applications to amend their declarations to remove provisions that expressly permitted short-term transient rentals.
The corporations argued the provisions were inconsistent with the Condominium Act, 1998, the applicable zoning by-law, and a restrictive covenant on title.
The court dismissed the applications, finding no inconsistency.
The declarations did not impermissibly grant rights but rather defined the scope of use restrictions, and the inability of the boards to make rules restricting short-term leasing was mandated by the Act's requirement that rules be consistent with the declaration.
The court held that any desired changes to the declarations should be pursued through the owner approval process under section 107 of the Act, rather than by alleging an inconsistency under section 109.
