RTA · Condominium Property Act
78.21 Enforcement of Director's orders
complying or has not complied with an order of the Director under
section 78.2, the Director may apply to the Court for an order
directing that person to comply with the order.
(2) The Director may not bring an application under this section
(a) until the time for appealing the Director's order has passed
without an appeal having been made, or
(b) if an appeal has been made, until the appeal has been
resolved and the Director's order either stands or has been
confirmed by the appeal board.
RSA 2000
(3) After receiving an application under subsection (1), the Court
may, if it considers it necessary in the circumstances, make an
interim order granting the relief that the Court considers
appropriate pending the determination of the application.
(4) An interim order under subsection (3) may be made ex parte if
the Court considers it appropriate in the circumstances.
(5) On hearing an application, the Court may,
(a) if it is of the opinion that there were insufficient grounds for
the Director to have issued an order under section 78.2,
quash the order;
(b) if it is of the opinion that the Director had sufficient grounds
for issuing the order and that the person is not complying or
has not complied with the Director's order, grant an order,
subject to any terms and conditions the Court considers
appropriate in the circumstances, doing one or more of the
following:
(i) directing the person to comply with the order of the
Director;
(ii) giving directions that the Court considers necessary in
order to ensure that the order of the Director will be
complied with;
(iii) awarding costs in respect of the matter.
2014 c10 s53