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CONDOMINIUMS - Unit holders - Duties of - Adherence to bylaws and rules

Monday, May 10, 2021 @ 9:23 AM  

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Appeal by Ryan from an order of improper conduct pursuant to s. 67(2) of the Condominium Property Act. The appellant co-owned a unit within a 376-unit residential condominium complex. The appellant disputed his responsibility to pay a charge-back invoice for replacement of a gas valve shut-off located on his unit’s balcony. The appellant’s responsibility for the invoice was determined in a separate proceeding. In the meantime, the appellant engaged in a pattern of harassment of condominium board members, particularly the board’s president. The board issued a cease and desist letter and applied for a remedy pursuant to s. 67(2). The chambers judge found that the appellant’s threatening and aggressive conduct toward the board’s president was oppressive and unfairly prejudicial. The judge issued an order that, among other things, limited the appellant’s interaction with board members and other owners within the complex. Ryan appealed.

HELD: Appeal allowed in part. The finding that the appellant breached the condominium’s bylaws was supported by the record indicating his conduct interfered with the president’s use and enjoyment of common property areas. The nature of the harassment exceeded the reasonable expectations of a volunteer condominium board member. There was no error in concluding that the appellant’s actions constituted improper conduct. However, portions of the chambers judge’s order went beyond what was necessary to address the improper conduct. The record did not support a prohibition on direct contact with other owners or restriction of the appellant’s movement within the complex to the degree ordered. The offending portions of the order were struck or amended where appropriate. The permanent duration of the order was reduced to 27 months.

Ryan v. Condominium Corp. No. 0610078, [2021] A.J. No. 346, Alberta Court of Appeal, M.B. Bielby, R. Khullar and D. Pentelechuk JJ.A., March 15, 2021. Digest No. TLD-May102021002