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Home COFSAB Forum Condo Owners Forum Q&A Can an owner sue the Corporation?

  • Can an owner sue the Corporation?

    Posted by Karen on April 10, 2022 at 5:37 pm

    Posted: 05/11/2021 6:22 pm

    @sunnyatelus-net

    Is it possible for an owner to sue the corporation for an injury incurred while on common property owned by the corporation? i.e slipped on ice while walking on common area.

    Karen replied 4 months, 1 week ago 1 Member · 0 Replies
  • 0 Replies
  • Karen

    Administrator
    April 10, 2022 at 5:39 pm

    Posted: 06/11/2021 7:19 am

    GibsonT

    This is obviously a question for a solicitor.

    Have you considered mediation or arbitration?  There are better ways to solve disputes than suing.

    Remember, if you sue the condo, you, as a shareholder, are suing yourself.

    • Karen

      Administrator
      April 10, 2022 at 5:40 pm

      Posted: 06/11/2021 7:37 pm

      sunnya@telus.net

      Thanks, T. Gibson for your response. Just to be clear, I am not the party suing. I did think as an owner one would not be able to sue themselves but we have heard this is an ongoing case we are facing. I thought someone else may have heard of this and have info regarding a similar situation.

      • Karen

        Administrator
        April 10, 2022 at 5:41 pm

        Posted: 07/11/2021 8:30 am

        GibsonT

        I’m glad you personally are not planning to sue your condo corp.

        Yes: people can and do sue their condos.

        Of course as shareholders, they are really suing themselves too!

        I have experience too close to home.  A small group of folks in our 39 suite apartment condo in Calgary sued the corp on the basis that some users had more parking/storage, that was common property and people were not paying for it because the developer (1980) conveyed ownership by 99 year leases.

        I would be happy to speak with you further about our experience. 403-860-9366

        The courts are not the best way to solve differences.  That is why so many of us in COF have pushed the Government of Alberta to bring in a fair dispute resolution mechanism.

        In our experience going to court is a very last resort.  It is costly ($100K in our case by my estimate), slow (4 years), hurts the community and no one gets what they want.  Look for an upcoming COF newsletter where we speak about the BC experience from a Nov 3 COF CondoChat.

        • Karen

          Administrator
          April 10, 2022 at 5:42 pm

           

          I am aware of a situation where the board of a corporation decided it didn’t need to follow the requirements of neither the CPA&R nor the corporation’s bylaws. A group of owners took the board (thus the corporation) to court to correct the issue. Eventually the board backed down (after getting condominium-knowledgeable legal advice) but the whole process cost a lot of dollars, paid directly by the litigating group on one side and all the owners (including the litigants) on behalf of the board/corporation. There were also court costs, not for a trial but for the court to agree the negotiated settlement. The litigants recovered some of their court-ordered costs, but also paid them again through the corporation.

          As TerryG noted, a lot of money and a lot of time was wasted. A negotiated settlement with a mediator or arbitrator, or through the much-needed Dispute Resolution Tribunal, would have resolved the issue promptly and economically.

          Apologies for the delay in responding, due to forum access issues, obviously now resolved. Thanks, Admin!

          • Karen

            Administrator
            April 10, 2022 at 5:43 pm

            07/11/2021 12:36 pm

            MarkH

            I am aware of a situation where the board of a corporation decided it didn’t need to follow the requirements of neither the CPA&R nor the corporation’s bylaws. A group of owners took the board (thus the corporation) to court to correct the issue. Eventually the board backed down (after getting condominium-knowledgeable legal advice) but the whole process cost a lot of dollars, paid directly by the litigating group on one side and all the owners (including the litigants) on behalf of the board/corporation. There were also court costs, not for a trial but for the court to agree the negotiated settlement. The litigants recovered some of their court-ordered costs, but also paid them again through the corporation.

            As TerryG noted, a lot of money and a lot of time was wasted. A negotiated settlement with a mediator or arbitrator, or through the much-needed Dispute Resolution Tribunal, would have resolved the issue promptly and economically.

            Apologies for the delay in responding, due to forum access issues, obviously now resolved. Thanks.