View cases - Stewart McKelvey

- 62 -6.16 EXTERIOR DECORATIONS PROHIBITEDCo-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 theday-to-day maintenance thereof. . . .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.108 The declaration of co-ownership provides that patios, porches and balconies,including those set up as terraces, are considered to be common portions. However,these common portions are reserved for the exclusive use of the co-owners of theexclusive portions (s. 2.6). The declaration also requires that all co-owners comply withthe law, with the declaration itself and with all by-laws passed by the co-owners anddirectors (ss. 6.13 and 20.2), and it further provides that [TRANSLATION] “[t]he purchase,lease or occupation of an exclusive portion constitutes ipso facto an express acceptanceof the applicable provisions of the law, of this declaration and of said by-laws” (s. 20.2).Although it is clear from the evidence that the appellants did not read the declaration ofco-ownership before purchasing or occupying their dwelling units, they are deemed,pursuant to s. 20.2, to have accepted the terms and conditions of the declaration.