Baliwalla v. York Condominium Corporation No. 438 (Small Claims Court)

After levying a special assessment for certain restoration work, the condominium corporation discovered that the actual cost of the restoration work would be much lower.  The Court said that the condominium corporation should not have transferred the special assessment funds into the reserve fund until the actual costs of the restoration had been confirmed.  The condominium corporation was ordered to repay to the plaintiff owner the difference between the owner’s share of the levied special assessment and a “correct” special assessment.