15/11/2024– Jurisdiction Alberta
Part 88 published on 01/12/2024
Condominium Board had not acted improperly by imposing moratorium on renovations during pandemic
The owners sued the condominium corporation after their unit renovations were delayed due to a temporary moratorium on construction placed by the condominium corporation during the pandemic. The court dismissed the claim, finding that the Corporation had acted within its authority and had not acted oppressively or arbitrarily. The Court said:
The Condominium may not have responded perfectly or in the same disciplined way as other boards in reacting to the Covid-19 health crisis, however, the temporary moratorium placed on construction was in keeping with their desire to minimize the impact of the pandemic on the residents. While the Homeowners were uniquely affected by the moratorium as they were the ones undergoing renovations at the time, they were not singled out and targeted by the Condominium.
…
I conclude after analysis of the reasonable expectations as expressed by the Homeowners that the Board acted under the powers and authority afforded them; that the Board made its decisions based on the facts and information available to it in a non-arbitrary manner; and that the Homeowners were treated in the same regard as all other owners.