03/12/2019 – Jurisdiction Alberta
Part 69 published on 01/03/2020
Condominium corporation had properly levied special assessments
The owner claimed that the condominium corporation had improperly levied special assessments, based on the following: The deficiencies in the foundation which led to the special assessments were a) not identified in the latest reserve fund study b) were accordingly not included in the 25 year maintenance plan, and c) were also not anticipated in the recommended level of fees and levies.
The lower Court rejected the owner’s arguments and dismissed the claim. The owner appealed. The Court of Appeal dismissed the appeal. The Court of Appeal said:
There was no legal impediment to the board raising funds to fund the Swale Project, even though that levy was over and above those recommended in the Dynamic Reserve Fund study.