Real Property Law - Condominiums - Condominium corporation - Rights and obligations - Building management

Law360 Canada ( September 29, 2016, 8:00 PM EDT) -- Appeal by the Condominium Corporation from an order allowing the respondent’s application for oppression relief. The respondent owned a number of commercial parking spots in a mixed-use condominium that it rented out on a monthly basis. The respondent then wanted to rent them out on an hourly basis. The appellant’s board of directors (Board) was concerned about the security implications of the changes requested because they would make it easier for trespassers to enter the building. Accordingly, the Board refused to approve changes to the common elements required to make that shift unless the respondent hired a full-time security guard who would monitor its operation. The respondent was unwilling to hire a full-time dedicated security guard. The application judge found that the appellant had unfairly disregarded the respondent’s interests, contrary to s. 135 of the Condominium Act. The judge ordered that the respondent be allowed to make the changes and dispensed with the need for a vote of the unit owners....