This was originally published on the SGR Blog.
Serge Somrov purchased apartment 7A at the Bay Parkway Terrace Condominium. After moving in Somrov replaced the floor of the terrace with Board approval.
Ten years later, Somrov was told that a leak on his terrace was causing water damage to the apartment below. Pursuant to the By-Laws Somrov was required to remove the tiles he installed as well as the cement underneath. And Bay Parkway was obligated to install waterproofing after which Somrov could re-install the tiles. Somrov removed the tiles but did not remove the cement. Bay Parkway refused to install the waterproofing until the cement was removed.
Continue reading