30/06/2017 – Jurisdiction Saskatchewan
Part 59 published on 01/09/2017
Owners’ claim respecting increased condominium fees dismissed. There was no oppression
The owner asserted a claim for various relief against the condominium corporation. The principal claim was that the condominium corporation had improperly levied an increase in condominium fees. The claim was dismissed. The Court said:
At the heart of Mr. Smooke’s application is his position that the Condo Corp could not increase any condominium fees without producing financial statements which, once prepared, are audited or reviewed by an arm’s‑length professional. Central to this issue is s. 39 of the (Condominium Property Act).
…
The initial problem with Mr. Smooke’s argument is his assumption that the board can only change condominium fees at an annual general meeting and once equipped with audited financial statements. That assumption underlies his entire argument. But the assumption is faulty. Sections 57 and 58 of the Act provide that the Condo Corp is to levy such funds “from time to time”. The Act does not say that this must be done in conjunction with an annual general meeting, or with audited financial statements.
The Court also held that there was no oppression on the part of the condominium corporation.