Condominium Act, 1998, s. 134

Compliance order 134 (1) Subject to subsection (2), an owner, an occupier of a proposed unit, a corporation, a declarant, a lessor of a leasehold condominium corporation or a mortgagee of a unit may make an application to the Superior Court of Justice for an order enforcing compliance with any provision of this Act, the declaration, the by-laws, the rules or an agreement between two or more corporations for the mutual use, provision or maintenance or the cost-sharing of facilities or services of any of the parties to the agreement. 1998, c. 19, s. 134 (1); 2000, c. 26, Sched. B, s. 7 (7). Pre-condition for application (2) If the mediation and arbitration processes described in section 132 are required, a person is not entitled to apply for an order under subsection (1) until the person has failed to obtain compliance through using those processes. 1998, c. 19, s. 134 (2); 2015, c. 28, Sched. 1, s. 116 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 134 of the Act is amended by adding the following subsections: (See: 2020, c. 14, Sched. 1, s. 19 (1)) (2.1) Subject to subsections (2.2) and (2.3), a person is not entitled to apply for an order requiring an occupier of an owner’s unit or any or all of the invitees, agents and employees of the owner or occupier to vacate a property permanently unless the applicant gives reasonable notice of the application to the owner. 2020, c. 14, Sched. 1, s. 19 (1). (2.2) Despite subsection 47 (4), if the applicant is not the corporation, the applicant shall give the notice in the prescribed manner. 2020, c. 14, Sched. 1, s. 19 (1). (2.3) An applicant is not required to give the notice described in subsection (2.1) in the event of the circumstances that are prescribed, which may include an emergency or other event. 2020, c. 14, Sched. 1, s. 19 (1). Non-application (2.4) This section does not apply to any matter in dispute for which a person may apply for resolution under section 1.36 to the Condominium Authority Tribunal established under Part I.2, if the Tribunal has been established under that Part. 2020, c. 14, Sched. 1, s. 19 (2). Contents of order (3) On an application, the court may, subject to subsection (4), (a) grant the order applied for; (b) require the persons named in the order to pay, (i) the damages incurred by the applicant as a result of the acts of non-compliance, and (ii) the costs incurred by the applicant in obtaining the order; or (c) grant such other relief as is fair and equitable in the circumstances. 1998, c. 19, s. 134 (3). Order terminating lease (4) The court shall not, under subsection (3), grant an order terminating a lease of a unit for residential purposes unless the court is satisfied that, (a) the lessee is in contravention of an order that has been made under subsection (3); or (b) the lessee has received a notice described in subsection 87 (1) and has not paid the amount required by that subsection. 1998, c. 19, s. 134 (4). Addition to common expenses (5) If a corporation obtains an award of damages or costs in an order made against an owner or occupier of a unit, the damages or costs, together with any additional actual costs to the corporation in obtaining the order, shall be added to the common expenses for the unit and the corporation may specify a time for payment by the owner of the unit. 1998, c. 19, s. 134 (5).