Part 31 - 01/08/2010
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Jurisdiction: Part 31 - 01/08/2010
HOT TOPIC: SHOULD BE PERMITTED TO MAKE REPAIR AND MAINTENANCE DECISIONS
A recent B.C. Decision confirms the general principle that a condominium’s strata council or Board of Directors should be permitted to make repair and maintenance decisions as they deem appropriate – as long as they are acting honestly and in good faith, and as long as they take a reasonable approach (whether or not it is necessarily the “best” approach). Here is my summary of the decision:
Jurisdiction: British Columbia 2010 Part 31 - 01/08/2010
Strata Plan VR 2213 v. Duncan (British Columbia Provincial Court)
Occupants not always tenants. Move-in fee did not apply
Jurisdiction: Manitoba 2010 Part 31 - 01/08/2010
Minox Equities Ltd. v. Sovereign General Insurance Co. (Manitoba Court of Appeal)
Appeal Court reverses trial judgment. Mould damage not covered by insurance
Jurisdiction: British Columbia 2010 Part 31 - 01/08/2010
Weir v. Strata Plan NW 17 (British Columbia Supreme Court)
Strata corporation obligated to act reasonably, but there may be many reasonable alternatives
Jurisdiction: British Columbia 2010 Part 31 - 01/08/2010
Economical Mutual Insurance Co. v. Aviva Insurance Co. of Canada (British Columbia Supreme Court)
Strata Corporation’s Liability Insurance did not apply to claim against owner for alleged negligence as “social host”
Jurisdiction: British Columbia 2010 Part 31 - 01/08/2010
Oldaker v. Strata Plan VR 1008 (British Columbia Supreme Court)
Owners must pay their share of costs payable by strata corporation
Jurisdiction: British Columbia 2010 Part 31 - 01/08/2010
Strata Plan VR 390 v. Harvey (British Columbia Supreme Court)
Strata corporation entitled to special costs against unruly owners
Jurisdiction: Alberta 2010 Part 31 - 01/08/2010
Wilson v. Condominium Corporation No. 021 1057 (Provincial Court of Alberta)
Condominium corporation obligated to make reasonable repair efforts
Jurisdiction: Ontario 2010 Part 31 - 01/08/2010
Mereshensky v. MTCC No. 879 (Ontario Superior Court of Justice)
Dispute subject to mandatory arbitration
Jurisdiction: Alberta 2010 Part 31 - 01/08/2010
Barth v. Axxess (Summerwood SP) Developments Inc. (Provincial Court of Alberta)
Purchaser entitled to rescind agreement and entitled to return of deposit
Jurisdiction: British Columbia 2010 Part 31 - 01/08/2010
Yang v. The Owners Strata Plan LMS 4084 (Supreme Court of British Columbia)
Expenses allocated in accordance with Strata Property Act. No oppression
Jurisdiction: Québec 2010 Part 31 - 01/08/2010
Syndicat des copropri̩taires du 502 boul. des Prairies c. Constructions Ceremonie inc. (Province of Quebec Superior Court)
Court considers rights of syndicate to assert claims under Civil Code Article 1081