CONDOMINIUMS - Bylaws - For management of property - Maintenance obligations - Units

Law360 Canada (October 19, 2022, 11:48 AM EDT) -- Appeal by the applicants of a Master’s decision ordering that a window be replaced. Lauder, a condominium unit owner, claimed that the board of directors of her condominium corporation acted improperly by refusing to replace the window in her unit. The Master found that while the Board acted in good faith by following the recommendations of various contractors, they nevertheless engaged in improper conduct. The Master held that the cumulative effect of the Board's actions and inactions amounted to improper conduct as that term was understood in the context of condominium law. On appeal, the Board argued that in ordering the window to be replaced, the Master misapprehended the evidence and made numerous errors in fact. Further, he created an untenable standard for condominium corporations to meet. The Board also urged that the Master erred in ordering general damages to be paid to Lauder in the amount of $5000....