The Owners Condominium Corporation No. 0825873 v. 1246153 Alberta Ltd. (Alberta Court of Queen's Bench)

The condominium corporation brought an action for recovery of arrears of condominium fees in relation to the developer’s unsold units.  The developer said that there was a special reduced fee arrangement for the developer’s units.  The developer also claimed various set-offs for amounts allegedly paid by the developer on behalf of the condominium corporation.   

The Court held that the condominium corporation was entitled to be paid the full amount claimed.  Any alleged fee arrangement (for reduction of the developer’s condominium fees) was void.  The claims for set-off were also dismissed.