07/05/2019 – Jurisdiction Nova Scotia
Part 66 published on 01/06/2019
Right to terminate management contract on 60 days’ notice applies only to contracts executed before election of the corporation’s first Board
The condominium corporation’s management contract allowed for it to be terminated on 90 days’ notice. Relying on Section 14 (1B) of the Condominium Act, the condominium corporation purported to terminate the contract on 60 days’ notice. The Court held that Section 14 (1B) did not apply and that the notice was accordingly deficient. The Court said:
As such, it seems most probable to me that the Act in s.14(1B) is referring to the board elected at that first general meeting of the members. That is the board “elected in accordance with this Act.” Any subsequent elections would be a continuation of that board, or (arguably) a board elected pursuant to the bylaws.
Greenwood Lane Inc. v. Halifax County Condominium Corporation #19, 2019 NSSM 14