OWNERS OF CONDOMINIUM PLAN NO. 992 0689 v LIONS VILLAGE OF GREATER EDMONTON SOCIETY

This matter was in respect of an Appeal of a Summary Judgment Decision that concerned a dispute between a condominium corporation (the “Condo Corp”) and a registered society (the “Respondent”) over the payment of condominium contributions. An agreement was allegedly made between the parties in 2001, exempting the Respondent from paying contributions, but this agreement was never formalized in the bylaws. For over two decades, the parties operated independently, with the Respondent maintaining its own property and the Condo Corp not billing contributions. In 2018, the Condo Corp began demanding contributions, claiming over $2 million in arrears.

The Court held that Summary Judgment was appropriate because the record allowed for a fair and just determination and revealed no genuine issue requiring a trial. The Court emphasized that condominium owners are entitled to rely on the certainty provided by the Condominium Property Act, and the bylaws, which mandate contributions based on unit factors. The agreement allowing contributions to be assessed on a basis other than proportional unit allocation was invalid because the required formal steps to authorize such an arrangement were never taken, and long-standing adherence to the agreement could not cure that defect. Equitable doctrines such as laches or estoppel could not legitimize an invalid arrangement, as the statutory scheme emphasized certainty and predictable contribution assessments rather than case-by-case notions of fairness.

Although the Appeal was allowed and Summary Judgment granted, the Court recognized the practical unfairness arising from the parties’ long-standing conduct under the invalid arrangement. It noted that this concern did not defeat Summary Judgment but could potentially be addressed in a separate proceeding seeking remedial relief based on unfair or prejudicial conduct.

Issues relating to Costs were left open for future determination.