Unsuccessful Law Suit by Condo Owner
In the case of Harvey v. Elgin Condominium Corporation No. 3 an unhappy condo owner sued the condominium corporation, claiming that the corporation undertook work that constituted a substantial change without proper authorization from the owners. As the work that was done was funded by special assessment, the unit owner requested reversal of the special assessment. He also requested that the Court order the directors to take training, and appoint an administrator, and claimed punitive damages.
The Facts
After several of the townhouse units experienced leaks, water damage and mould, the corporation hired a professional contractor and an engineer to investigate. The professionals concluded that the leaks resulted from construction design and implementation flaws of wooden decks constructed over the unit garages. The board concluded that corrective action was necessary to prevent harm to persons and further damage to property. Based on advice received from the contractor and engineer, there were two options available to fix the problem – replace the existing wooden decks with new wooden decks or, alternatively, replace them with vinyl decks. After having made its decision that corrective work would be undertaken, the board scheduled a meeting of owners to discuss and choose a style of the replacement decks. Votes were cast by 24 of 51 unit owners, and 20 of the owners voted in favour of the vinyl decks.
We previously blogged about the Boily case involving a dispute between some owners and the directors of a Condominium complex in Ottawa. This dispute revolved around the proposed alteration of the condominium’s courtyard. Last March, a judge found the corporation and the directors in contempt of a prior court order and ordered them, for a second time, to reinstate the courtyard to its prior configuration and appearance at the directors' personal cost. 
One of our 
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In our previous posts on this topic, we looked at the level of consultation required when the board contemplates renovation to the condominium or changes to the services provided to the owners. 
In this series of posts, we are focusing on the level of owner consultation required when boards are contemplating renovations to the condominium or changes to the services provided to the owners.
We are often asked to advise condominium corporations on the extent of owner consultation required before the board can implement a change or proceed with extensive work on the common elements. Do owners need to be consulted, for instance, before the board renovates the lobby, hires an on-site superintendent, installs a BBQ in the garden, or installs a cell phone tower on the roof [on this topic, see my 
We were recently asked to provide advice following a flood in a condominium unit. The condominium corporation was surprised to hear that it may have the obligation to repair the unit despite the fact that the damage was limited to the unit.
Owners taking on interior renovations to their unit, should always check with property management or the board to ensure that proper steps are followed, otherwise they may be faced with having to remove costly alterations and being held responsible for the costs incurred by the Corporation in getting them to comply with the condominium documentation.
