Condo owners can throw judicial weight at neighbours from hell
If you’re a homeowner, bad neighbours can make your life a living hell, but often there’s little you can do about them. Unless, as it turns out, you live in a condo.
The B.C. Court of Appeal has upheld a lower-court decision ordering Surrey resident Rose Jordison to sell her condominium suite after years of extremely bad behaviour by her son, Jordy.
Jordison had appealed the sale, ordered by B.C. Supreme Court under Strata Property Act provisions, on grounds it violated her property rights.
The Appeal Court ruling upheld the judge’s power to force the sale after Jordison and her teenage son ignored warnings and fines levied by the complex’s strata council.
“The appellants have repudiated the co-operative foundation of strata living and their intolerable behaviour has brought about the forced sale,” the three-judge panel unanimously concluded. “There was ample evidence before the judge that only a sale would resolve the problem.”
According to The Canadian Press, the Jordisons amassed more than two dozen complaints since moving into the condo development in 2006. Most related to noise, with claims Jordy, who’s now 21, stomped around their suite, screamed obscenities at residents, made rude gestures and even spit at them.
Rose Jordison claimed her son’s behaviour was due to autism but balked at providing medical evidence to support it, CP said.
The B.C. ruling and a similar 2010 case in Toronto are significant in a landscape where more and more Canadians are living in strata developments.
Condos were once considered the consolation prize of real estate, what you settled for if you couldn’t afford to buy a proper home where you owned the land or suite outright.
According to Statistics Canada, only four per cent of households lived in condominiums in 1981. That figure rose to 12.1 per cent in the 2011 National Household Survey. Although single-family homes still make up the largest proportion of housing, condos represented a higher proportion of recently built homes, according to the survey.
More than two thirds of Canada’s condo stock is made up of low- and high-rise apartment buildings, while about 23 per cent are row houses.
Not surprisingly, Toronto, Montreal and Vancouver are condo hotspots, accounting for 53.5 per cent of the the total 1.6 million condo households in Canada.
That’s a lot of people who’re having to learn to live within a set of rules that freehold property owners don’t face. CP said legal experts predict more neighbour disputes not resolved by strata councils will end up in court.
Such cases now are fairly rare, though the 2010 case of Natalia Korolekh might be called a harbinger.
An Ontario Superior Court judge ordered the Toronto stockbroker to sell her downtown condo within three months, upholding an enforcement order obtained by the upscale townhouse complex’s management company.
The Toronto Star reported at the time that Korolekh hurled racist and homophobic slurs at neighbours, played loud music, tossed eggs and stones at neighbours’ homes, poisoned their plants and intimidated people with her 150-pound Rottweiler. The condo council resorted to what was in effect an eviction order after Korolekh ignored demands she curb her behaviour and get rid of the dog.
Read More http://ca.news.yahoo.com/
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Just Move-In To This Detached Family Home With 3 Garages. Living Room Features High-Efficiency, Custom Fireplace, Crown Mouldings & California Shutters. …
W2784249 – M8W – 31 FOCH AVE Toronto, Ontario – $ 558,800
Large, Bright,3 Bdrm Carpet Free Home In Prime Alderwood Location!Custom Kit.W/Granite Counters,4 S/S Appliances, Glass Tile Backsplash,Det.2 Car …
W2784331 – M6N – 106 HUMBER BLVD Toronto, Ontario – $ 499,000
Beautiful Fully Renovated Large 4 Bedroom Two-Storey Home! Move In Condition! One New Bedroom In Basement Apt With Separate Entrance! Freshly Painted! …