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Unfair shared facilities agreement ruling a victory for condos

2016-10-20

A recent decision that allowed a condo corporation to unilaterally amend an oppressive shared facilities agreement is an important win for the condo community, Toronto condominium lawyers Armand Conant, Deborah Howden and John De Vellis write in Condo Voice magazine.

In its August ruling in TSCC No. 2130 v. York Bremner Developments Limited, the Ontario Superior Court upheld the condo corporation’s decision to amend a shared facilities agreement under s. 113 of the Condominium Act, 1998, write Conant, partner and head of the condominium law group at Shibley Righton LLP, and Howden and De Vellis, partners with the firm.

“Under s. 113 of the Act, the court may make such an order if the application is filed within one year of turn-over and the court is satisfied that the disclosure statement did not clearly and adequately disclose the provisions of the agreement and the agreement produces a result that is oppressive or unconscionably prejudicial to the corporation,” they write in the article.

As is increasingly common in new condo developments, write Conant, Howden and De Vellis, the shared facilities were part of a large, complex development involving other commercial owners, including the developer.

This article appeared on AdvocateDaily.com.  Please click here for the fully story.

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2016-10-20