Hot Tubs Allowed in Townhouse Condos

Ontario Court of Appeals has upheld a lower court decision to allow a hot tub on the patio of a townhouse condo.


Jim McMahon asked the condominium board, Wentworth Condominium Corporation 198 for permission to put a hot tub on the patio of his back yard. The board denied his request.

He put the hot tub in anyway and Wentworth took him to court seeking an order to remove the hot tub. Wentworth lost and appealed the case. The Appellant Court upheld the lower courts’ ruling.

The Condominium Act, section 98, states the unit owner must get board approval to make an addition, alteration or improvement to the common elements. Although the backyard is for the exclusive use of Mr. McMahon it is considered a common element.

The Court ruled the hot tub was not and addition as it is temporary structure. They viewed it to be no different than a picnic table, BBQ, or kids swimming pool.

Many Condominium boards will now be rewriting their rules to clarify what is and is not allowed on a patio or balcony. At some point you’re going to have owners with things on their patios or balconies that are no longer permitted under new rule changes. Then the argument will be if he can have a hot tub why can’t I?