08/01/2018 – Jurisdiction Saskatchewan
Part 61 published on 01/03/2017
Condominium Board had authority to levy special assessment
The owner asserted that the corporation’s Board did not have authority to levy a special assessment (as it had done) without approval of the owners. The owner alleged that the Board’s actions were oppressive. The Court disagreed and dismissed the application. The Court said:
The Corporation’s Board is statutorily enabled and obligated to exercise the powers and perform the duties of the Corporation. Mr. Wilchuk’s argument that the Corporation consists of all persons owning condominium units does not refute the reality that the Board is the directing mind of the Corporation. Section 39 (of the Condominium Property Act) is operative.
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The Corporation and the Board did not act in an oppressive manner in assessing the fees. The Corporation has a statutory right to place liens and initiate collection action against owners who refuse to pay the special assessment of condominium fees levied upon them.