High Court refuses application seeking an injunction preventing the defendant from restricting access to the defendant's hotel by owners of adjacent apartments, on the grounds that there is no specific reference in the apartment leases to hotel services, and the apartment owners were not entitled to such access.
Beacon developments – comprises, among other things, a hotel and an apartment complex – apartment owners had access to hotel for the lifts – new owners seek to change that – restrict access to emergency events – served notice of intent to do so – plaintiff seeks an injunction preventing the defendants from interfering with apartment owners access to adjacent hotel – bases on construction of apartment Lease – guarantees access to ‘ estate common areas’ – no specific reference to hotel – no specific reference to provision of hotel services – services provided to hotel guests and apartment owners distinct – if such a right of access was granted, apartment owners could wander the entire hotel at will – and the rest of the development, including the hospital - clearly not sensible – no right of access exists – defendants entitled to restrict access in the suggested manner.