Who can apply for a minor variance for the common elements? Condo or owner?

stencil.default (34)Recently there was an interesting decision released involving a parking dispute between a condominium and a unit owner. This isn’t surprising given that parking is a common problem in condominiums. The interesting part is that the decision was made by the Ontario Municipal Board (OMB) and answered the question: can an owner make an application for a minor variance from a zoning by-law for common element parking spaces? (Spoiler alert – the answer is likely no).  Continue reading