Can You Force A Neighbour To Sell His/Her Condo For Bad Behaviour?

What can you do if Home Sweet Home has become a place of conflict and stress due to a nasty neighbour? Is there a point where a group of neighbours in a condo can force the sale of the one neighbour who is causing disturbances and creating conflict? If yes, how bad does the offending behaviour have to be before a court will order someone to sell their condo unit?

The short answer is yes, a "bad" neighbour can be forced to sell his or her condo. However, the behaviour causing the problem(s) must be egregious before the court will intervene and force a sale. A case from 2010 illustrates:

The condominium corporation in issue was a relatively small, 30 unit low rise built around a common courtyard. Before the bad neighbour bought her unit, the condo unitholders appears to have little, if any, difficulties sharing the courtyard and getting along. Unfortunately for them, a Ms. Karolekh, bought a unit and moved in.

Over the ensuring months, problems occurred. Ms. Karolekh verbally assaulted her neighbours making racist and homophobic comments and, at times, uttering threats. Ms Karolekh also committed acts of mischief including spraying an unknown substance on flower beds causing plants to die. She physically assaulted neighbours and commanded her large aggressive Rottweiler to "get" neighbours. Some of the incidents occurred in front of minor children, including a toddler. Ms. Karolekh would also let the Rottweiler loose in the courtyard and refused to scoop up its feces.

The property manager deposed that 50% of her time was spent dealing with complaints about Ms. Karolekh and her dog. Eventually, notice was served that the dog had to be removed from the unit. The condo declaration allowed for this remedy as pets were allowed at the sole discretion of the manager or the board. Ms. Karolekh refused to remove the dog.

The manager brought and application to force the sale of Ms. Karolekh's unit. They advanced nine affidavits in support of the application. In response, Ms. Karolekh gave a brief affidavit in which she provide bald denials that the bad behaviour complained of had not occurred.

The judge did not accept the bald denials. Rather the evidence was carefully reviewed and it was concluded that the incidents had taken place as described. The judge then looked at the grounds to remove Ms. Karolekh, noting that forcing a sale of a condo unit is "extraordinary" and "draconian".

Despite the high threshold the judge noted that Ms. Karolekh's behaviour included conduct that was criminal in nature such as assaulting individuals and uttering threats. The conduct was repeated and ongoing. Moreover, Ms. Karolekh had refused to remove her large aggressive dog and was continuing to use it to intimidate and instill fear. This course of conduct demonstrated a refusal to modify her behaviour.

The court ordered that Ms. Karolekh had three months to list and sell her unit and that she was not allowed to purchase another unit in the condo corporation.

The Lesson: This is an extraordinary case of egregious behaviour that demonstrates that extremely bad behaviour can be dealt with in the civil courts. It is, however, important to note that the behaviour complained of was not simply annoying but was rather, quasi criminal. Should you find yourself in such a situation, we encourage you to seek legal counsel to discuss your options.

Metropolitan Toronto Condominium Corporation No. 747 v Karolekh, 2010 ONSC 4448 https://www.canlii.org/en/on/onsc/doc/2010/2010onsc4448/2010onsc4448.pdf

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