An owner of a condominium unit may feel secure in the knowledge that he owns title to his little piece of the building and can do as he wishes, subject to certain reasonable rules and general constraints on use and behaviour that apply to all owners, and which are found in the condo corporation’s governing documentation (the declaration, bylaws and rules).
But it may surprise you that in more than a few cases, condo unit owners have been forced against their will to vacate and sell their units, under powers granted to courts under the Ontario Condominium Act, 1998. In other words, courts can evict condo owners.While the circ*mstances are admittedly unusual, the common thread among them is that courts were forced to take drastic measures against one misbehaving owner in order to effectively keep peace and harmony among the others.
In these kinds of cases – which typically involve egregious, dangerous and disruptive owner behaviour over a period of time – the courts’ intervention will be prompted by an application by the condominium corporation itself, almost always after it has given the offending owner ample warning to stop.
Courts must evaluate the behaviour against the provisions of the provincial condominium act to see whether it is “oppressive and unfairly prejudicial” towards either the corporation itself or the other owners. They will also scrutinize the provisions of the particular corporation’s declaration, bylaws and rules, and will also consider whether the offending owners’ conduct poses a health risk.
Once it has concluded that a particular unit owner is disruptive, unruly or unmanageable, the court has a spectrum of remedies at its disposal. While not the most common, the most drastic is for the court to force the intractable owner to vacate and sell his unit, almost always after several prior requests and warnings by the condominium corporation have gone unheeded.
Even where the court-ordered remedy falls short of forcing the owner to sell and move out, courts will frequently force the owner to pay for any remediation or clean-up costs arising from his misconduct, and may even require payment of the legal costs incurred by the condo corporation to bring the matter before the courts in the first place. For example, in a recent case, York Condominium Corporation No. 41 v. Schneider, 2015 ONSC 3919 (CanLII), the court declined to add the corporation’s legal costs to the common expenses, concluding that “to have the (condominium corporation) and the other unit holders bear the legal costs of this application, which are incurred due to the conduct of (one misbehaving unit owner), would be unfair.”
A parade of troublemakers
So what kinds of situations will attract the courts’ intervention? A round-up of Ontario decisions from the past few years shows the types of owner misconduct that attracts a court-ordered, forced-sale remedy.
One of the early cases in this category is Metro Toronto Condominium No. 747 and Natalia Korolekh, 2010 ONSC 4448 (CanLII. It involved an incorrigible and unmanageable unit owner in a senior citizens’ building. The court described her transgressions as “serious”. It includes physical assaults on other unit holders, acts of mischief against their property, racist and hom*ophobic slurs and threats repeatedly made against other unit holders, playing extremely loud music at night, watching and bothering other unit holders and using her large and aggressive dog to frighten and intimidate other unit holders and their children, as well as failing to clean up the dog’s feces.
After confirming that it had the requisite power under the act and the corporation’s own governing documents, the court ordered the owner to vacate and sell her unit within a stipulated period of time.
The outcome was the same in a more recent case, York Condominium Corporation No. 301 v. James, 2014 ONSC 2638 (CanLII). The owner in question had a long list of worrisome and dangerous conduct, including starting two fires in her unit, threatening others and leaving human excrement on their doorsteps, punching someone in the face, exposing herself and making obscene gestures, and forcing her way into another owner’s unit. Even though the court found that the owner clearly had a mental illness, and commented that ordering her to sell her unit might impose hardship on her, it had no other choice. It had to keep in mind the welfare of the other men, women and children in the building “who have been confronted with behaviour that ranges from disturbing to disgusting to threatening.”
In yet another decision featuring excrement (a recurring theme?), the case of Peel Condominium Corp. v. Pereira, 2013 ONSC 7340 (CanLII), had a different result. There, the offending unit owner engaged in many troubling incidents, but among the most disturbing was his established habit of throwing cat feces and litter from his balcony (and on one occasion, hitting a landscaper on the head with it). He blatantly denied the recurring behaviour, yet continued to do it even after he was repeatedly warned. He also failed to pay a $170 bill for cleaning up the litter, assaulted the building superintendent (which resulted in criminal charges that were later withdrawn), stole a bench from the building lobby (which was caught on surveillance video) and engaged in numerous incidents of verbal assaults of other residents and the property manager.
Despite finding his conduct to be “extremely serious and troubling”, the court was more temperate in its ruling: it expressly ordered the owner to comply with the act, to abide by the condo corporation’s declaration, rules and bylaws and to refrain from future verbal or physical assaults and intimidation. Perhaps most importantly to the other owners, he was specifically ordered to refrain from throwing anything from his balcony in the future. However, the court cautioned that the breach of any of these conditions would result in a court-ordered immediate sale of the owner’s unit.
Lesser misbehaviour counts too
These cases may not surprise you, since the owners’ misconduct clearly put the safety and right to peaceful enjoyment of other owners in jeopardy; it seems only fair that the collective rights of all owners should outweigh those of the individual. However, courts will readily step in even where the conduct is not so egregiously harmful to others.
For example, in the earlier-mentioned case, York Condominium Corporation No. 41 v. Schneider, 2015 ONSC 3919 (CanLII), the problem was not excrement but rather co*ckroaches – an infestation of them – and a pair of unit owners who refused to comply with a prior court order requiring them to facilitate access to their unit to allow for clean-up. Specifically, the court had previously ordered the owners to allow condo corporation representatives and extermination crews to enter and clean the unit, and to carry out pest extermination measures. They were also ordered to keep the unit clean to avoid future infestation and foul odours (for which they refused to accept responsibility and blamed on the neighbours’ cooking). Yet the owners completely refused to co-operate. Faced with this impasse, and since the owners had received numerous warnings in the past, the court had no choice but to order them to vacate and sell for the overall good of the owners and the corporation.
Finally, it was contraband beer sales that prompted the court to intervene in a case called York Condominium Corporation No. 82 v. Singh, 2013 ONSC 2066 (CanLII). Despite repeated warnings from the condo corporation (which were wholly ignored), as well as prior court orders (which were deliberately and wilfully disobeyed), the owners continued to sell beer from within their unit to outside parties. The court found that this was not only illegal, but also breached the corporation’s declaration and rules. Moreover, it enabled “disorderly and often lawless activities” and some violence that took place in the common areas near the unit. The court ordered the owners to sell their unit, and also barred them from the complex, seeing it as the only way to ensure that the owners’ offending conduct would stop.
What’s the bottom line?
What these cases illustrate is that Ontario courts are more than willing to take drastic steps in the face of unreasonable, dangerous and intransigent misconduct by owners, particularly where it impinges on safety or on the enjoyment by others of their individual units or the condo development as a whole.
More to the point, the decisions implicitly acknowledge that while condo unit owners have defined legal ownership rights, they still remain subject to a certain level of restriction on their conduct. These two competing rights and interests must sometimes be re-balanced; the Condominium Act, 1998 allows courts to step in and do so, when the greater good is at stake.
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- condo law
- condominiums
Toronto lawyer Martin Rumack’s practice areas include real estate law, corporate and commercial law, wills, estates, powers of attorney, family law and civil litigation. He is co-author of Legal Responsibilities of Real Estate Agents, 4th Edition, available at the TREB bookstore and at LexisNexis. Visit Martin Rumack’s website.
FAQs
She explains that, unlike the cooperative corporation, a condominium association has recourse against a unit owner only for monetary defaults issues – almost exclusively nonpayment of common charges. Owners cannot be removed for bad behavior.
What is Chapter 92 of the Texas Property Code? ›
(a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency.
How do I file a complaint against an apartment complex in Texas? ›
You can submit a complaint online, or you can call their office at (512) 463-2642 or toll-free (Texas only) at (888) 452-4778.
Can a landlord evict you immediately in Texas? ›
Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing.
What is the property code 92.331 in Texas? ›
According to Texas Property Code 92.331, a landlord may not retaliate against you for any of the following actions: Doing anything that is allowed by your lease or by law. Asking that your landlord repair or fix something. Filing a complaint with a government agency.
What is Section 24.0053 Texas property code? ›
See Section 24.0053, Texas Property Code. The officer may not require the landlord to store the property. A writ of possession cannot be issued more than 60 days after a judgment for possession is signed, and a writ of possession cannot be executed after the 90th day after a judgment for possession is signed.
What is Section 42 Texas property code? ›
PROPERTY CODE CHAPTER 42. PERSONAL PROPERTY. (2) the property is owned by a single adult, who is not a member of a family, and has an aggregate fair market value of not more than $50,000, exclusive of the amount of any liens, security interests, or other charges encumbering the property.
Can you sue an apartment complex in Texas? ›
Though apartment complexes are not liable in every situation, there are many instances in which you may sue the apartment complex for your injuries. The responsibilities they have are found under the Texas Premises Liability Law.
How do I file a complaint against an HOA in Texas? ›
by mail to PO Box 13941, Austin, TX 78711-3941. by fax to 512-469-9609.
Who do I report a bad landlord to in Texas? ›
To report a bad landlord to the Multifamily Housing Complaint Line call toll-free at (800) MULTI-70 (800) 685-8470) / TTY (800) 432-2209.
The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out. Choose any box, below, to learn more about the eviction process and get step-by-step instructions.
What is an illegal eviction in Texas? ›
When is an Eviction Illegal? There are circ*mstances where an eviction is simply illegal as a matter of law. A landlord cannot evict a tenant based on race, sex, national origin, disability or family status.
What are valid reasons for eviction in Texas? ›
Here is a list of the most common reasons evict a tenant in Texas:
- Violation of lease agreement. ...
- Illegal activity. ...
- Removing house from rental market. ...
- Health and safety violations. ...
- Threats or unsafe behavior. ...
- Providing false information on the lease application. ...
- Breaking HOA rules.
52.004. RECORDING AND INDEXING OF ABSTRACT. (a) The county clerk shall immediately record in the county real property records each properly authenticated abstract of judgment that is presented for recording. The clerk shall note in the records the date and hour an abstract of judgment is received.
What is Section 41.007 of the Texas Property Code? ›
Texas Property Code §41.007. This statute requires home improvement contracts to contain a warning that the property may be subject to lien if they don't pay. Failure to include this warning is considered a deceptive act under the Texas Deceptive Trade Practices Act.
What is Section 51.006 of the Texas Property Code? ›
51.006. DEED-OF-TRUST FORECLOSURE AFTER DEED IN LIEU OF FORECLOSURE. (a) This section applies to a holder of a debt under a deed of trust who accepts from the debtor a deed conveying real property subject to the deed of trust in satisfaction of the debt.
What is Section 54.044 of the Texas Property Code? ›
Sec. 54.044. SEIZURE OF PROPERTY. (a) The landlord or the landlord's agent may not seize exempt property and may seize nonexempt property only if it is authorized by a written lease and can be accomplished without a breach of the peace.
What is Section 82.108 of the Texas Property Code? ›
(a) Meetings of the association must be held at least once each year. Unless the declaration provides otherwise, special meetings of the association may be called by the president, a majority of the board, or unit owners having at least 20 percent of the votes in the association.
What is Section 51.001 of the Texas Property Code? ›
§ 51.001. EFFECT ON OTHER LIENS. Except as provided by Chapter 59, this subtitle does not affect: (1) the right to create a lien by special contract or agreement; or (2) a lien that is not treated in this subtitle, including a lien arising under common law, in equity, or under another statute of this state.
What is Section 92.104 of the Texas Property Code? ›
Section 92.104 - Retention of Security Deposit; Accounting (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.
PROPERTY RIGHT ESTABLISHED. An individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual. Added by Acts 1987, 70th Leg., ch. 152, Sec.
What is Section 13 of the Texas Property Code? ›
(a) A conveyance of real property or an interest in real property or a mortgage or deed of trust is void as to a creditor or to a subsequent purchaser for a valuable consideration without notice unless the instrument has been acknowledged, sworn to, or proved and filed for record as required by law.
What is Section 92.056 of the Texas Property Code? ›
Section 92.056 of the Texas Property Code requires a tenant to take several steps before the landlord is considered to be liable to them. A landlord's liability allows a tenant to to take certain actions like ending the lease or deducting the cost of repairs from the rent.
Can I sue my landlord for negligence in Texas? ›
If a tenant followed the correct procedure and the landlord failed to make the repairs, the tenant can sue. Section 92.0563 of the Texas Property Code allows a judge to order the landlord to do any of the following: Take reasonable action to repair the problem.
Can an apartment complex lock you out of your apartment in Texas? ›
The answer is "yes," but only temporarily and under very specific conditions. They cannot permanently lock the tenant out. The landlord must give the tenant a key upon request. Locking a tenant out is not a substitute for the eviction process.
Can you sue your HOA in Texas? ›
If the bylaws do not offer you a solution or you have no luck in front of the board, you may be able to sue the HOA in court. Texas law allows you to do so if the organization violates the Residential Property Owners Protection Act.
Can a HOA board member be sued personally in Texas? ›
To put it simply, homeowners can sue HOA or condo board members and even name them personally in the lawsuit. But, there's no guarantee that they will win. Board members are afforded a certain level of protection from personal liability, both through state laws and the association's governing documents.
What is the property code 209.007 in Texas? ›
(a) If the owner is entitled to an opportunity to cure the violation, the owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before a committee appointed by the board of the property owners' association or before the board if the board does not ...
What can you sue a landlord for in Texas? ›
Go to court: Sue your landlord to make the repairs and for damages. A court can order your landlord to make repairs, reduce your rent from the date you asked for repairs, and award you damages caused by failure to repair, damages of one month's rent plus $500, court costs, and attorney's fees.
How much can I sue my landlord for in Texas? ›
These courts were designed for nonlawyers to use.
Of course, justice court has limitations — for example, the most you can sue for is $20,000. So, if you think the landlord owes you more than $20,000 you should file in a different kind of court and consider getting an attorney if your claim is worth that much.
If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to: End the lease; Have the problem repaired and deduct the cost of the repair from your rent; or. File suit to force the landlord to make the repairs.
How long does it take to evict a tenant in Texas? ›
How long does it take to evict someone in Texas? From start to finish approximately four weeks • 3 days from notice to vacate to filing of suit • 8-10 days to serve the citation -The court date is set between 10-21 days. 5 days to appeal the suit following the hearing required by law.
What is the longest time to evict a tenant? ›
Assuming your tenant is prepared to play-ball and voluntarily vacate after receiving sufficient notice is given, they will vacate the property on the date specified in the notice, without any problems. This can take between 14 days and 2 months.
How long after eviction court date do you have to move in Texas? ›
The Judge will typically give you 5-10 days to move out. Failure to move out will result in a Writ of Possession being issued. If this occurs, the Constable will serve you with a 24-hour notice to vacate.
Can you be evicted in Texas without a court order? ›
An eviction is a lawsuit filed by a landlord to remove tenants and their belongings from the landlord's property. In Texas, an eviction is also called a “forcible entry and detainer,” and a landlord cannot remove a tenant from the property without filing such a case.
How do I sue for an illegal eviction in Texas? ›
If your landlord illegally evicts you in Texas then you're entitled to get a Writ of Reentry from the justice court to regain possession of your dwelling. Your landlord could be liable for one month's rent plus $500, actual damages, court costs and attorney's fees.
What is considered landlord harassment in Texas? ›
Lying or intimidating a tenant. Giving a “three-day notice” or other eviction notice that is based on false charges. Using fighting words or threatening bodily harm. Refusing to do repairs that are required by law.
What happens after 3 day eviction notice in Texas? ›
If the tenant does not move out of the rental unit at the end of the three days, then the landlord can file an eviction lawsuit (also known as a forcible detainer suit) with the court. (Tex. Prop. Code § 24.005 (2021).)
Can you fight an eviction notice in Texas? ›
One option for perfecting the appeal of your eviction suit is to file an appeal bond. This form is adaptable for justice courts in all counties in Texas, though it is advisable to consult with an attorney before filing.
Can a judge dismiss a eviction in Texas? ›
If the landlord does not deliver the Notice to Vacate in the correct way, the judge should dismiss the eviction lawsuit against you, but not all judges will do this.
The regulation of POAs is focused on four chapters of the Property Code: 81, 82, 209 and 202. This chapter of the Texas Property Code regulates condominiums (and some townhomes) where the Declaration was recorded prior to January 1, 1994.
What is Section 112.036 of the Texas Property Code? ›
112.036. RULE AGAINST PERPETUITIES. (a) The rule against perpetuities applies to an interest in a trust other than a charitable trust. (b) For purposes of this section, the effective date of a trust is the date the trust becomes irrevocable.
What is Section 24.007 of the Texas Property Code? ›
24.007. APPEAL. A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only.
What is Section 93.003 of the Texas Property Code? ›
93.003. COMMERCIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. (a) If a landlord has locked a tenant out of leased premises in violation of Section 93.002, the tenant may recover possession of the premises as provided by this section.
What is Section 92.024 of the Texas Property Code? ›
Section 92.024 - Landlord's Duty to Provide Copy of Lease (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease.
What is Section 82.003 Texas property code? ›
82.003. DEFINITIONS. (a) In this chapter: (1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant.
What is Section 92.156 of the Texas Property Code? ›
Is the landlord required to rekey the locks when he leases the property? Yes. The Texas Property Code § 92.156 requires that a landlord rekey the locks no later than the seventh day after each tenant turnover date.
What is Section 209.0041 of the Texas Property Code? ›
(h) Except as provided by Subsection (h-1) or (h-2), a declaration may be amended only by a vote of 67 percent of the total votes allocated to property owners entitled to vote on the amendment of the declaration, in addition to any governmental approval required by law.
What is Section 113.151 of the Texas Property Code? ›
Section 113.151 - Demand for Accounting (a) A beneficiary by written demand may request the trustee to deliver to each beneficiary of the trust a written statement of accounts covering all transactions since the last accounting or since the creation of the trust, whichever is later.
What is Section 92.016 and 92.1061 of the Texas Property Code? ›
Under current law, landlords and property owners in the State of Texas must comply with Section 92.016 and 92.1061 of the Texas Property Code. This law allows for victims of certain crimes involving family violence, sexual assault, child sexual abuse and stalking to terminate residential leases for their safety.
Section 92.104 - Retention of Security Deposit; Accounting (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.
What is Section 92.001 of the Texas property code? ›
“Landlord” means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease.
What is Section 92.109 of the Texas Property Code? ›
(a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
What is Section 51.005 of the Texas Property Code? ›
(d) Any money received by a lender from a private mortgage guaranty insurer shall be credited to the account of the borrower before the lender brings an action at law for any deficiency owed by the borrower.
What is Section 92.0563 of the Texas Property Code? ›
Section 92.0563 - Tenant's Judicial Remedies (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the condition; (2) an order reducing the tenant's rent, from the date of the first repair notice, in proportion to the ...
What is Section 92.107 in Texas property code? ›
Section 92.107 - Tenant's Forwarding Address (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security ...
What is Section 112.032 of the Texas Property Code? ›
112.032. ACTIVE AND PASSIVE TRUSTS; STATUTE OF USES. (a) Except as provided by Subsection (b), title to real property held in trust vests directly in the beneficiary if the trustee has neither a power nor a duty related to the administration of the trust.
What is Section 51.016 of the Texas Property Code? ›
A bona fide purchaser, lender, or other person acquiring an interest in the property or an insurer of title is entitled to rely conclusively on the record of the filed affidavit and notice, and any subsequent purchaser in good faith and for value is entitled to bona fide purchaser protection.
What is Section 92.0135 of the Texas property code? ›
Section 92.0135 - Notice For Dwelling Located In Floodplain (a) In this section: (1) "100-year floodplain" means any area of land designated as a flood hazard area with a one percent or greater chance of flooding each year by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 ( 42 ...
What is Section 93.012 of the Texas property? ›
(a) A landlord may not assess a charge, excluding a charge for rent or physical damage to the leased premises, to a tenant unless the amount of the charge or the method by which the charge is to be computed is stated in the lease, an exhibit or attachment that is part of the lease, or an amendment to the lease.
