RICHARD R. ARBLASTER
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CONDO CORP’S TOUGH STANCE DRAWS FINANCIAL PENALTY

9/17/2020

 
​A declaration’s owner-to-condominium corporation indemnity provision cannot authorize legal costs, incurred by the corporation for compliance and enforcement, to be added to an owner’s common expenses without prior authorization by court order. Otherwise section 134 (5) of the Act is contravened.
By not negotiating in good faith as called for by its constating documents and trying to achieve the greatest good for the greatest number, refusing to explore practical solutions, and defeating an owners reasonable expectations of it, a Corporation acts oppressively as sanctioned by section 135 (2) of the Act and may be sanctioned by a punitive judicial costs award (Amlani v. YYC 473, 2020 ONSC 5090 (CanLii)

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  • Home
  • About Me
    • FULL C.V./RESUME
    • PAST CASES
  • Services
  • AUTHORED ARTICLES
  • PRIVACY POLICY
  • WEBSITE TERMS OF SERVICE
  • CONTACT
  • Something Completely Different
  • LAW BLOG