14/06/13 – Jurisdiction Ontario
Part 38 published on 01/05/12
Developer failed to comply with turnover obligations
Part 38 published on 01/05/12
Developer failed to comply with turnover obligations
The developer failed to satisfy various turnover obligations under the Condominium Act, 1998. This included the failure to call a turnover meeting and the failure to deliver certain records (including audited financial statements).
The Court ordered that the developer fulfill various turnover obligations. The Court also declared that the turnover meeting called by the owners (when the developer had failed to call the meeting, even after being requested to do so) was properly called, and accordingly declared that the new Board had been properly elected at that meeting.
The developer was ordered to pay costs plus the sum of $10,000 in accordance with Section 43(9)(c) of the Condominium Act, 1998.