04/06/2021 – Jurisdiction Saskatchewan
Part 75 published on 01/09/2021
Court orders appointment of administrator where condominium corporation had “ceased any meaningful existence”
The condominium was beset by some serious problems. As described in the decision: “These problems have included constant vandalism, squatting, illicit drug use and violence, including at least one homicide. The most recent and culminating event was a water leak that has developed in a number of units, eventually pooling in the bottom of the elevator shaft.”
The Court went on to say that “for all practical purposes, (the condominium corporation) has ceased any meaningful existence”.
Many of the problems were attributable to the tenants of two landlords who owned “almost 60% of the total units in the Building”.
The Applicant was a tenant of the building, who had been displaced from her home because the Saskatoon Fire Department had ordered that the Building be closed. She applied for the appointment of an administrator to manage the condominium. The Court granted the Application pursuant to Section 101 of The Condominium Property Act. The Court said:
…I am satisfied that the appointment of an administrator is necessary to bring order to the affairs of PHCC and the Building it is to manage. I am also satisfied that the appointment of an administrator is the only circumstance that would provide for any reasonable prospect of bringing order to the affairs of PHCC.
Holliday v Prairie Heights Condominium Corporation and Owners CCP 83S12797