Anderson v. Owners: Condominium Plan No. 99SA34021 (Saskatchewan Court of Queen's Bench)

25/09/13 – Jurisdiction Saskatchewan
Part 30 published on 01/05/10
Court upholds condominium corporation’s decision to permit satellite dish

The plaintiff, Anderson, sought judicial review of the condominium corporation’s decision to allow his neighbour to install a satellite dish.  The Court dismissed the application. 

The Court said that condominium corporations do not owe a public duty, but rather are obligated to enforce the governing documents of the corporation.  In this case, the satellite dish had been approved in accordance with the corporation’s by-laws.  The Court said: 

“The condominium association has a statutory duty to enforce its bylaws, which it clearly did in this situation.  That statutory duty does not extend to the appeasement of the whims of a single unit holder when the unit holder disagrees with a discretionary decision of the condominium association in relation to whether the condominium association allows the placement of a satellite dish on a unit in the complex.” 

The Court specifically said that judicial review does not apply to a condominium association decision.  The Court also found that the application was time-barred because three years had passed since the corporation’s approval of the satellite dish.