Is a condominium corporation a form of micro-community in which the residents participate in a social contract?

Ontario, Canada


The following excerpt is from Halton Condominium Corp. No. 77 v. Mitrovic, 2021 ONSC 2071 (CanLII):

Condominium corporations indeed constitute a form of micro-community, in which the residents partake in a form of social contract. As with living in any community, condominium owners and their guests must enter a social contract which relinquishes their absolute interests to do as they please with their real property, and instead balance their interests with those of the other owners and tenants. Condominium corporations are mandated to be self-regulated. Condominium boards have a duty to control, manage and administer their community. In doing so, they may make rules and policies that are more restrictive than the general law applicable to all persons and premises in the province or in a particular municipality by operation of provincial statutes or regulations, or municipal by-laws: for example, restricting the sorts of pets that residents may keep, or restricting the access of contractors to do non-essential work during the pandemic, as in TSCC 1704 v. Fraser, supra.

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