The Defendant, a co-owner of a syndicate of co-ownership (horizontal), installs, without authorization, a hot tub on the terrace in his townhouse garden area as well as security cameras on the exterior walls of his townhouse. Complete Decision Under the Declaration of co-ownership, the terrace and exterior walls are common property. The Syndicate seeks an injunction for removal of the hot tube, the instalations and damages. Less than 2 weeks before trial, the Defendant acquiesces to removing the hot tub.
Decision: The Court grants the permenant injuction requested against Defendant. The Court also grants the Syndicate $11,000 in legal fees as a result of Defendant’s excessive conduct.