Part 26 - 01/05/2009
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Jurisdiction: Part 26 - 01/05/2009
HOT TOPIC: ALBERTA COURT CONFIRMS MANDATE OF THE BOARD
A recent decision of the Alberta Court of Queen’s Bench contains a nice statement of the mandate of a condominium’s Board of Directors. In the particlar case, the Board had decided to levy a special assessment, and one of the owners challenged the Board. The Court confirmed that the Board is elected to manage the condominium. As long as the Board acts in a prudent and responsible fashion, the Court will not order the Board to implement any alternatives or options (preferable or not) that might have been available to the Board. Here is the case:
Jurisdiction: British Columbia 2009 Part 26 - 01/05/2009
Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada (British Columbia Court of Appeal)
Insurer not having duty to defend under commercial general liability policies
Jurisdiction: Ontario 2009 Part 26 - 01/05/2009
Carleton Condominium Corporation No. 26 v. Nicholson (Ontario Superior Court of Justice)
Court orders amendments to Declaration
Jurisdiction: Ontario 2009 Part 26 - 01/05/2009
Di Nardo v. Simcoe Condominium Corporation No. 92 (Ontario Superior Court of Justice)
Board’s decision to install new walkway not oppressive
Jurisdiction: Québec 2009 Part 26 - 01/05/2009
Syndicat de Copropri̩t̩ le Northcrest c. Batah (Cour sup̩rieure du Qu̩bec)
Owners required to reverse modifications made in order to join adjacent units as well as portions of a common corridor
Jurisdiction: Ontario 2009 Part 26 - 01/05/2009
Wentworth Condominium Corporation No. 198 v. McMahon (Ontario Superior Court of Justice)
Hot tub not a change to the common elements
Jurisdiction: British Columbia 2009 Part 26 - 01/05/2009
Matthews v. Strata Plan NW1874 (British Columbia Provincial Court)
Small Claims Court lacks jurisdiction to order compliance with by-laws
Jurisdiction: Ontario 2009 Part 26 - 01/05/2009
Trudell v. Sandpoint Developments Inc. (Ontario Court of Appeal)
Condominium owner has no claim against developer’s engineers
Jurisdiction: Alberta 2009 Part 26 - 01/05/2009
Dykun v. Cravenbrook Condominium Corporation No. 032 1893 (Alberta Court of Queen's Bench)
Management of a condominium’s affairs rests with the Board
Jurisdiction: British Columbia 2009 Part 26 - 01/05/2009
Strata Plan NW499 v. Louis Estate (British Columbia Court of Appeal)
Age-restriction by-law did not apply to prior resident
Jurisdiction: British Columbia 2009 Part 26 - 01/05/2009
Strata Plan VIS2968 v. K.R.C. Enterprises Inc. (British Columbia Court of Appeal)
Options to purchase portions of common property invalid
Jurisdiction: Ontario 2008 Part 26 - 01/05/2009
York Condominium Corporation No. 633 v. 1262018 Ontario Inc. (Ontario Superior Court of Justice)
Condominium obtained right to lien for old arrears