15/08/2019 – Jurisdiction Alberta
Part 67 published on 01/09/2019
Owner’s communications did not amount to “improper conduct”
The condominium corporation alleged that the Respondent’s repeated criticisms of the Board and Management constituted “improper conduct” under Section 67 of the Condominium Property Act and sought various remedies under Section 67.
The Court said that the communications in question could not constitute improper conduct and dismissed the application. The Court said:
Both of the bylaws alleged to have been violated relate to conduct which constitutes the condominium unit owner’s use of her unit. In my view, whether or not what Ms. MacMillan said in the communications complained of was slanderous, defamatory, rude, inaccurate, beyond her authority, or aggravating to the members of the Board, her saying it was not in any sense a use of her unit in the condominium development.
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The content or rudeness of a communication may make the communication a “nuisance” to a person referenced in it in the colloquial sense, but not in the legal sense. It does not constitute a use of real property or affect anyone else’s use of theirs. It is not improper conduct within the meaning of the Act.
Whatever remedies the Owners or individual board members might have as a result of Ms. MacMillan’s communications, they do not include the remedies sought in this application.
Condominium Plan No 7921815 (Pepperwood Village) v MacMillan