The June 2012 Ontario Court of Appeal decision in TSCC 1633 v. Baghai Development Limited (“Baghai”) and Rabba Fine Foods (“Rabba”) highlights the importance of condominium commercial unit owners and, indeed, tenants of condominium commercial units understanding and complying with the declaration and by-laws of the condominium corporation. In this particular case, Rabba was a ground floor tenant of commercial space in a residential apartment complex under a lease from Baghai, Rabba was ultimately not permitted to display merchandise on carts on the sidewalk in front of its store as it was held to be in violation of the condominium corporation’s declaration and rules prohibiting the use of common elements. Baghai had objected to the enforcement of the condominium’s by-laws on the basis that Rabba was permitted to use the sidewalk under the terms of its lease, but the court held that the lease did not bind the condominium corporation, wasn’t barred by the Limitations Act, and the temporary failure to enforce its rules did not constitute a waiver by the condominium corporation of its by-laws. Those entering into a lease of commercial premises in a condominium must carefully review the bylaws and declaration of the condominium corporation to make sure that the commercial tenancy conforms to the condominium’s by-laws.