Backround:
The Owners: Condominium Plan No. 87R53163 ("Condo Board") sought recovery of repair costs and foreclosure against Yi Zeng and Yan Wang (unit owners). A water pipe burst in their unit in 2017, allegedly due to negligence by their tenant, Zachary Eugene George. The Condo Board paid for repairs and added the costs to the unit owners' expenses under The Condominium Property Act, 1993. The owners disputed liability, arguing the tenant was responsible and that the Condo Board mismanaged the situation.

Legal Issues:

1. Whether the defendants’ pleadings disclosed a reasonable cause of action or defense.
2. Whether the Condo Board could enforce liability under Section 65(6) of the Act.
3. Whether allegations of misconduct by the Condo Board and its manager, Charan Property Management Inc., constituted a defense.

Court’s Decision:
The court struck the defendants’ statement of defense and third-party claim as disclosing no reasonable cause of action. It held that the unit owners were statutorily liable for damages caused by their tenant under Section 65(6). Claims of misconduct and procedural irregularities by the Condo Board were found to lack legal basis. The court granted the Condo Board leave to apply for an Order Nisi for foreclosure.

Costs Awarded:
The court awarded costs of $750 to the Condo Board, payable by Yi Zeng and Yan Wang.