Part 38 published on 01/05/12
Owner/developer ordered to complete unit
One of the units in the condominium was not complete. It was “basically no more than a shell”. The owner of the unit was one of the two original owners/developers of the condominium. The condominium corporation sought an order compelling the owner to carry out work ordered by the Fire Marshal, and also an order that the owner complete the condominium building and the unit, such that it could be used as a private single family residence in accordance with the Declaration. The lower Court ordered the owner (as developer) to carry out the work ordered by the Fire Marshal, but no more. The condominium corporation appealed to the Court of Appeal.
The Court of Appeal agreed with the condominium corporation and held that the owner was obligated “to complete the building and upgrade his unit so that it can be occupied and used as a private single family residence”. The Court of Appeal said that this was the owner’s obligation under the Act and Declaration.
The Court of Appeal said:
We conclude the Act, and in particular the Declaration, impose upon Mr. Estabrooks the duty to complete his condo unit so that it becomes occupiable and useable as a private single family residence.
The Court of Appeal referred the matter back to the Court of Queen’s Bench for determination of various ancillary matters, including the issuance of the required completion order.