The applicant sought declaratory relief and damages against the condominium corporation for failure to repair common elements (basement and roof water penetration) and for alleged misrepresentation in the Status Certificate regarding a special assessment.
The court found the condominium corporation breached its duty to repair common elements in a reasonable and timely manner, awarding the applicant lost rental income and specific out-of-pocket expenses.
However, the court dismissed claims for oppression, aggravated damages, and relief from the special assessment, finding no misrepresentation in the Status Certificate.
