Monday, April 30, 2012

Obligations of Boards of Directors and Property Managers

It has been some time since I lasted posted to my blog.  My not regularly blogging is unfortuneately illustrative that "the road to hell is paved with good intentions".  On a go forward I will try to be more diligent.

I am proud to say that I am still not too old a dog to learn new tricks and recently learned how to set up RSS feeds.  From this the Morris v. Condominium Corporation No. 074 0215, 2012 ABQB 265 decision was delivered to me via my reader Feeddler.
This case is noteworthy because Master Smart appointed an inspector pursuant to section 67 of the Condominium Property Act (Alberta) (the "CPA").  The case now clearly establishes the principle that if condominium corporations fail to honor the obligations imposed by the CPA that the Court will intervene by appointing an inspector.  This is a serious remedy which Boards and Property Managers should avoid.
There is curious language in the Morris case indicating that property managers should not stand by and allow the obligations under the CPA to be ignored.  Though no relief was granted against the property manager the case may be relied on to establish the standard of care which a property manager owes to owners in condominium corporations.  I would encourage property managers to review the case and be careful to advise their condominium corporations accordingly.