Part 26 published on 01/05/09
Management of a condominium’s affairs rests with the Board
The Board of Directors levied a Special Assessment. The Applicant, one of the owner’s, refused to pay his portion of the Special Assessment, on the grounds that the Special Assessment was not necessary and there were other alternatives that should have been pursued.
The Court said that the Board of Directors had acted in a prudent and responsible fashion. The Court went on to state as follows:
“Even assuming that Mr. Dykun’s solution was an appropriate one, he cannot force his views on the Board of Directors. Management of the affairs of (the condominium) rests with the Board and not with any single unit owner. The Board has been properly elected to oversee (the condominium’s) affairs. Mr. Dykun has not. Mr. Dykun cannot dictate to the Board the course of action that they should be following. If he is interested in having a greater say in how the overall affairs of (the condominium) should be managed, he should seek election to the Board of Directors.”
The owner was ordered to pay his portion of the Special Assessment.