Appeal from an application judgment reducing the voting rights attached to 18 commercial condominium basement units from 18 votes to three.
The court held that condominiums are creatures of statute and that the voting scheme mandated by the Condominium Act could not be altered by unilateral undertakings, by-laws inconsistent with the declaration, settlement arrangements, or equitable doctrines absent compliance with the statutory amendment process.
The court further held that proprietary estoppel was unavailable because there was no inducement, reliance, or detriment as between the relevant parties, and any prior representation was not made to the respondent owner nor binding on successors in title.
The appeal was allowed, the judgment below was set aside, and the application was dismissed with costs to the appellant here and below.
