Unit owners brought an oppression application under s. 135 of the Condominium Act alleging that a condominium corporation acted oppressively by deactivating FOBs and denying access to both a condominium unit and recreational facilities.
The court found the corporation acted improperly when it deactivated the owners’ FOBs without notice, temporarily preventing access to the unit, which constituted oppressive and unfairly prejudicial conduct.
However, the denial of access to recreational facilities was not oppressive because the applicants refused reasonable requests to complete a resident information form and provide identification establishing residency.
The court held that the inability to access amenities resulted from the applicants’ own refusal to comply with reasonable condominium management requirements.
Nominal damages were awarded for the brief interruption of access to the unit.
