Part 26 published on 01/05/09
Board’s decision to install new walkway not oppressive
The Board of Directors installed a new walkway to service a parking area on the property. The new walkway traversed a grassy area in front of certain units. The grassy area was part of the common elements. The owners of two units adjacent to the grassy area claimed that the installation of the walkway was oppressive to their privacy interests. They said that the Board’s unilateral decision to install the walkway was for “vindictive purposes and not for legitimate safety reasons”.
The Court found that there was no oppression. The Court said:
“The ultimate determination to install a walkway across the common area in front of the Applicants’ units may not have been the only solution to the problem, but it was, in my view, a reasonable solution, made bona fide by the Board in the discharge of its duty to manage the common elements of the corporation for the benefit of all owners and occupiers.”