27/08/13 – Jurisdiction Newfoundland and Labrador
Part 6 published on 01/05/04
Condominium owners cannot assert claims respecting the common elements
Part 6 published on 01/05/04
Condominium owners cannot assert claims respecting the common elements
The condominium corporation was required to repair rotten floor joists, at a cost of approximately $40,000. The corporation decided not to assert a claim (against the developer) for recovery of this amount. The plaintiff, one of the owners, asserted a claim for recovery of the plaintiff’s share of the repair costs ($2,315.54) – paid by the plaintiff to the condominium corporation.
The Court found that the owner did not have standing to assert the claim. Only the condominium corporation could assert such a claim, relating to the common elements.