01/18/2019 – Jurisdiction Alberta
Part 65 published on 01/03/2019
Court determines owner’s obligation to pay common expenses
This condominium consists of three apartment buildings containing 275 apartments, plus some parking stalls and common property. Each of the three buildings was originally created as a unit in the condominium – each having an assigned unit factor.
One of the buildings had been re-divided (by registration of a redivision plan) into 101 residential units, a common property unit and 80 parking units.
The other two buildings (containing 164 apartments) had not yet been re-divided, and had been acquired by one owner – the Applicant (Boardwalk). Boardwalk had no plan to re-divide the two buildings. The primary question was whether or not Boardwalk was obligated to pay condominium fees (as owner of the two buildings).
On appeal from the Master: The Court upheld the Master’s order that Boardwalk was obligated to pay condominium fees as levied by the condominium corporation (and also that Boardwalk was not a developer).
The Court also made declarations (1) in relation to Boardwalk’s voting rights for purposes of Directors’ elections; and (2) that the corporation’s by-laws could not prohibit levying of condo fees in proportion to unit factors.
Boardwalk REIT Properties Holdings Ltd v Condominium Corp No 0822896, 2019 ABQB 40