Court pits two consumer protection features against each other


Although several features of the Condominium Act, 1998 are designed specifically to protect consumers, a recent ruling that considered the interplay of two of these sections may have applied them in a way that produced a negative result for condo owners, Toronto condominium lawyer John De Vellis writes in Lawyers Weekly.

As De Vellis, a partner with Shibley Righton LLP, explains, s. 112 of the act allows a condominium corporation — within one year of the date purchasers assume control of the board — to terminate certain agreements entered into on the corporation’s behalf by the developer-controlled board.

Meanwhile, s. 97 of the act provides that the board of a corporation must give notice to owners, or in some circumstances, receive prior approval of owners, before implementing an addition, alteration or improvement to the common elements or services provided by the corporation.\

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