View cases - Stewart McKelvey

- 22 -Co-owners may not decorate, paint or alter the exterior of the exclusiveportions in any way whatsoever without first obtaining the written consentof the Board of Directors, subject to any exceptions provided for in thisdeclaration.9.3 BALCONIES AND PORCHESSubject to the law and to this declaration, each co-owner havingexclusive use of a balcony or a portion of a porch adjoining his or herexclusive portion (dwelling unit), as provided for in clause 2.6.3, shall keepsaid balcony or portion of the porch clean. The co-owner having exclusiveuse of said balcony or portion of the porch is solely responsible for the dayto-daymaintenance thereof. However, the Board of Directors is responsiblefor the replacement of or repairs to said balconies and porches as a commonexpense, unless the balcony or porch must be repaired or replaced becauseof the fault or negligence of a co-owner or someone for whom that co-owneris legally responsible, in which case the costs and expenses of any repairsor replacement shall be assumed by the co-owner in question.2004 SCC 47 (CanLII)Furthermore, subject to acts and regulations of general application,nothing other than usual outdoor furniture may be left or stored on a balconyor porch without first obtaining permission in writing from the Board ofDirectors. Under no circumstances may balconies or porches be used fordrying laundry, towels, etc.No balcony or porch may be decorated, covered, enclosed or painted inany way whatsoever without the prior written permission of the co-ownersor the Board of Directors, as the case may be.None of the appellants had read the declaration of co-ownership prior to purchasing oroccupying their individual units.10 Mr. Fonfeder similarly placed a succah on his balcony in September 1996,but received no notice or complaint.11 A year later, on October 6, 1997, and pursuant to the regulations in thedeclaration of co-ownership, Mr. Amselem requested permission from the Syndicat toset up a succah on, and thus enclose part of, his balcony to celebrate the same holiday