Part 35 published on 01/09/11
Condominium status terminated and property ordered sold as a single parcel
The condominium building was declared uninhabitable by the province of Alberta, and had sat empty for almost two years. It was subject to water leaks and mould. Repairing the building would involve substantial expense and the evidence was that most of the owners were not prepared to invest further in the building.
On the application of two of the unit mortgagees, the Court ordered that the condominium status of the property be terminated in order to permit the property to be dealt with as one parcel, and sold.
The Court said:
The facts clearly indicate that it is in the best interest of the owners to have the building marketed as one parcel. The Court recognizes that this result does not align with the wishes of two owners. The Court also acknowledges the long-standing principle found in our judicial system and in our decisions that the rights to property of owners are to be protected. However, when buying a condominium, an owner must recognize that his or her wishes or desires may ultimately be subjugated to the interest of the majority. This is just an extreme and unusual example of that principle of condominium ownership.