A recent case Metropolitan Toronto Condominium Corporation No 744 v. Bazilinsky (2012 ONSC 1187) (CanLIi) was a fight over the parrot of the unit holder Mr. Bazilinsky. The court did not focus on the safety of the unit holder but the corporation’s attempt to collect their reasonable costs for enforcing the Declaration and By-laws, pursuant to section 134(5) of the Condo Act.
In this case, the Condo Corp, charged Mr. Bazilinsky for the costs of enforcing their bylaws. When he refused to pay, a lien was placed on his unit and an entry made on the status certificate indicating what was owed. Although the court, ordered costs of $3000 to the corporation. The Corporation sought to add a further $17,000 to the common element costs of Mr. Bazilinsky as these costs were still outstanding for legal fees that were incurred for enforcing the condo rules.
The court found that legal costs would be recoverable if reasonable. The court reduced the Corporation’s bill of $41,599 to $6,500. The court also ordered costs against the corporation.