24/02/2021 – Jurisdiction Alberta
Part 73 published on 01/03/2021
Condominium corporation’s conduct was improper in failing to adequately repair the common elements
The owner complained of unresolved water penetration problems. She alleged that the condominium corporation had engaged in improper conduct (per Section 67 of the Condominium Property Act) in that the corporation had acted in a manner that was oppressive, unfairly prejudicial, or that unfairly disregarded her interests.
The Court agreed that the condominium corporation had acted improperly, particularly in its failure to replace a particular window. The Court held that the corporation’s actions had been proper up to a certain time, but that communication failures had thereafter caused the condominium corporation to act improperly.
The Court said:
Each case stands on its own facts. Here, although the Board responded reasonably promptly, and had work done promptly after the first recorded complaints in 2014, the facts demonstrate a later shutting down of communications. No doubt the Board members became frustrated. They had, with some basis for doing so, believed that they had done what was necessary.
…
Even when her affidavits filed in this application made it clear that although other windows had been replaced, the bedroom/east wall window had not, when Perma Seal had specifically said it should be, and that it was still leaking, no effort by the Board or its engineer (who I conclude was not told of the continued leaking) to inspect and see if what she was saying was correct.
The Court ordered the condominium corporation to replace the leaking window (and to repair other windows as necessary) and to repair resulting water damage inside the owner’s unit. The Court also ordered the condominium corporation to pay $5,000 in general damages to the owner “for the inconvenience and stress that Ms. Lauder has had to suffer as a result of the delays in resolution”.
https://www.canlii.org/en/ab/abqb/doc/2021/2021abqb145/2021abqb145.pdf