You may recall our blog on an Ottawa case opposing a mixed-use condominium corporation to the owner of a public parking business within this corporation. The Court of appeal reversed the original decision and concluded that condo board decisions taken in good faith should be shown deference and will not likely be set aside by courts.
In this case, the parking operator wanted to convert some of his parking operations from monthly rentals to hourly rentals. While the condo’s declaration specifically allowed the rental of parking spaces on an hourly basis (in fact the declaration specifically imposed on the owner of the public parking an obligation to lease some spots on an hourly basis), the corporation raised security concerns resulting from this change in the business model. The corporation demanded that the parking operator use a full-time security guard. The parking operator was of the view that a full-time security guard was unnecessary and cost-prohibitive. Instead, he proposed alternative security measures.
