C. Dirks

The applicants, a group of 44 condominium owners, brought a motion for a compliance order against the condominium corporation regarding the replacement of exterior windows, the reserve fund study, and the failure to hold annual general meetings.

The court found that the corporation had failed to hold an AGM and elect directors as required by the Condominium Act.

The court ordered the corporation to hold an AGM and elections as soon as possible, and directed that the new board determine whether a new reserve fund study or bidding process for the windows is required.

The requests for immediate orders regarding the reserve fund study and bidding process were dismissed.

The applicant condominium corporation brought an application under s. 109 of the Condominium Act to amend its declaration regarding the maintenance and replacement of exterior windows.

The applicant argued that the declaration was inconsistent because it made unit owners responsible for maintaining windows, while also making the corporation responsible for common elements, which included the exterior windows.

The respondent unit owners opposed the amendment, arguing there was no inconsistency.

The court found an inconsistency existed and that it was unworkable to have individual unit owners replace their own exterior windows.

The court granted the application to amend the declaration and adjourned the respondents' cross-application regarding the procedure for replacing the windows.