→
parent(s) and their children, whether natural or adopted, and includes other relatives if living with the primary group ”. The Court ruled that this definition was not discriminatory. Similarly, in Ballingall v Carleton Condominium Corporation No. 111, 2015, the condominium corporation proposed a rule to define “ family ” to include: A social unit consisting of parent(s) and their children, whether natural or adopted, and includes other relatives if living with the primary group;
A person living alone, whether single, divorced, a widower or a widow;
Two or more siblings;
A single father or mother with son(s) and/or daughter(s);
Two persons who are married to one another or living together in a conjugal or common - law relationship.
Two or more unrelated persons who are living together in order to pool their resources and reduce their cost of living, provided that it is clear that their collective intention is to live together permanently, OR
Two unrelated persons who are joint owners of the unit.
While Court rulings are case - specific, it is certainly worth taking a moment to speak with your Board of Directors about how the clause is interpreted and enforced in their communities. Boards considering whether to change or clarify the wording in their Declaration may wish to speak with their lawyer about whether a change would be necessary (since we know how difficult it is to get 90% of owners to vote!) – or whether a Rule could be passed to further clarify the definition of “ family ” as it is understood at that condominium complex. The interpretation of the “ Single Family Only ” clause is a topic of interest and debate throughout the condo industry and is likely to continue to evolve as different circumstances are considered before the Courts. Note : references in this article were taken from the Condo Authority of Ontario ’ s article on this topic, which can be found online at: https://www.condoauthorityontario.ca/condominium - living/declaration - by - laws - and - rules/ontarios - human - rights - code - and - condominium - governing - documents/.
CCI Review 2022/2023 – 3 —March 2023 Page 21
Made with FlippingBook flipbook maker