25/09/13 – Jurisdiction Ontario
Part 33 published on 01/02/11
Provision in declaration not an “agreement” for purposes of Section 112 of the Condominium Act
Part 33 published on 01/02/11
Provision in declaration not an “agreement” for purposes of Section 112 of the Condominium Act
The condominium corporation’s declaration required that the condominium corporation purchase a unit for a resident manager, at a cost of $240,000. The lower Court held that this was an agreement that could be cancelled pursuant to Section 112 of the Condominium Act [see Condo Cases Across Canada, Part 28, November 2009.] The lower Court decision was overturned on appeal. The Court of appeal said that legal obligations arising from a condominium declaration are not “agreements” for purposes of Section 112.