Can You Evict The Condo Neighbour From Hell?

The 29 condo dwellers were pretty content in their 30 unit low rise condominium. It was a pleasant place to live amongst neighbours and they shared a courtyard, in common.

Content that is until the 30th neighbour and her pet dog, a very large Rottweiler, moved in. After that, all bets were off.

We will spare you the hoary in depth details of Natalia's carryings on, but rather will provide a summary of her neighbour's allegations presented at trial.

The list amounts to a "what not to do" when living in a condo.

*Shouted obscenities at her neighbours and their guest, sometimes when she was intoxicated;

*Hurled racial and homophobic slurs at her neighbours;

*Allowed her large Rottweiler to lunge at the end of his leash at the neighbours and their guests;

*Threatened and actually physically assaulted several neighbours;

*Threw gravel at a neighbour;

*Engaged in mischief to property, including killing a neighbour's garden plants, "egging "other units and interfering with cable TV services.

And you thought your neighbour was trouble!

So, here is the situation. You have the neighbour from hell living in the same condo, with as much right to be there as you. What can the condominium board do to protect the other, innocent condo dwellers from outrageous behavior?

The answer is found in section 117 of the Condominium Act. That section says:

117. No person shall permit a condition to exist or carry on an activity in a unit or in the common elements if the condition or the activity is likely to damage the property or cause injury to an individual. 1998, c. 19, s. 117.

The Judge who heard the case was convinced the allegations made by the neighbours and others, were true. He relied on section 117 of the Condominium Act, as well as provisions in the condo corporations own by-laws to order Natalia to immediately get the Rottweiler off the premises. He also gave her 3 months to sell her condo from delivery of the Order. And finally, the unkindest cut of all... awarded costs against Natalia in the sum of $35,000.

Lesson to be learned?

  1. Hiring a lawyer who thoroughly understands condominium law can be critical. Condominiums are a special breed of real estate and require specialized knowledge, from the drafting of by-laws, to enforcing condo owner's rights.

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