Like I did last year, I thought that I would again share the five most popular posts of 2017. With so much talk this year about marijuana, prostitution, electric vehicles, and other hot topics, I assumed that those topics would dominate the list, but that was not the case. Interestingly, three of the top five posts were also on the list for 2016 (albeit in different positions). Will the trend continue next year? Only time will tell. Continue reading
As the end of the year approaches, I like to look back at the lessons that I’ve learned (both in my personal and professional life). Over the next two weeks, I’ll share some of those lessons with you. For now, I thought that I’d share the most popular posts of 2016. Surprisingly, none of this year’s most popular posts were actually written in 2016.
5. Making Entry to a Unit
An oldie, but a goodie. This post from 2014 describes the requirements for making entry to a unit or exclusive use common elements: reasonable notice; at a reasonable time; and for purposes related to the objects and duties of the corporation.
A case recently released provides a great summary of enforcement principles in condominiums. Briefly, it was an application by a group of owners against the condominium and one of the directors. The owners claimed that the condominium was not enforcing its single family residence restriction. There appears to have been a battle in the condominium over the single family residence restriction, which came to a head shortly after the Court of Appeal confirmed that single family residence restrictions were enforceable in Kilfoyl. A few months after the Kilfoyl decision was released, the board moved to amend the condominium’s rules to create a broader definition of single family. The proposal included “grandfathering”. There were various letters exchanged by the opposed groups, some of which included the opinion of the condominium’s lawyer. The proposed rule was eventually voted down by the owners at an owners’ meeting. The condominium notified the owners that it had to enforce the definition from Kilfoyl and more conflict ensued.
Most declarations for residential condominiums restrict the occupation and use of the units to residential use. Some go further and restrict the occupation and use of the units to “single family” or “one family” residences. The typical language used is something like:
Each unit shall be occupied and used only as a residence for a single family and for no other purpose.
These clauses have been contained within declarations since the 1970s, maybe even earlier in other jurisdictions. Most of you probably have similar clauses in your declarations, unless you are a commercial, industrial, or resort condominium, or one designed for student-housing.