1016637 Alberta Ltd. v. Condominium Corporation No. 891 0469 (Alberta Court of Queen's Bench)

The condominium corporation adopted a special resolution authorizing an amendment to the condominium plan (whereby the windows and doors would be made part of the common property).  The condominium corporation applied for Court approval of the special resolution in accordance with Regulation 71 under the Condominium Property Act.  Approval was granted by a Master of the Court.  Some of the owners appealed.  Their primary concern was that notice of the application had not been given to all owners and mortgagees.

The Appeal was dismissed and the Master’s Order affirmed.  The Master had considered the prejudice to owners and mortgagees and had implicitly granted a waiver of the notice requirement.