Monday, August 25, 2014

Yes you can keep your cats even though you do not have written consent; a small movement towards applying Administrative Law principles in condominium law

In the recent Alberta case of Condominium Plan No. 7621302 v. Stebbing,  Master W.S. Schlosser addressed the application of administrative law in context of a dispute over 2 cats.  Though not technically applying administrative law principles to his decision they were discussed in obiter or in passing:

Master Schlosser came to a practical solution of finding a breach for failure to obtain consent but then relieved the owner from forfeiture (an equitable remedy), without stating so and stayed the enforcement of the Order until the cat passed on:

The message is clear to condominium corporations: be consistent with the application of bylaws and do not withdraw implied consent without affording owners some ability to participate in an administrative process.  In light of the Government of Alberta's proposal to create an Administrative Board to hear condominium disputes the comments of Master Schlosser could be prescient.