A recent decision of the Ontario Court of Appeal has come down strongly in favour of the rights of individual condominium owners.
The case deals with Wentworth Condominium Corp. 198, a residential project in Waterdown, Ont. Each of its 31 condominium townhouse units has a backyard that forms part of the common elements of the corporation, and each owner has exclusive use of that backyard.
In late 2007, Jim McMahon, one of the unit owners, asked the condominium board for permission to install an above-ground hot tub on his back patio. The board refused.
Eventually, without the board's consent, McMahon installed the hot tub on the patio. The tub itself is 1.8 metres wide, two metres long and a little over one metre high. It is a one-piece unit that weighs about 136 kilograms empty.
It is filled by a garden hose and holds 1,000 litres of water weighing 1,000 kilograms. The tub occupies about 25 per cent of the backyard and its heater is hard-wired to the electrical panel in the McMahon unit.
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