The appellant purchased eight condominium units from the respondent developer, four of which were custom-designed for use as a head office.
A dispute arose over the adequacy of the common elements, specifically the exterior doors, windows, and HVAC system, to meet the custom design requirements.
The appellant sued for specific performance or damages.
The respondent successfully moved at the Divisional Court to strike the claim on the basis that section 23(1) of the Condominium Act, 1998 grants exclusive standing to the condominium corporation to sue regarding common elements.
The Court of Appeal allowed the appeal, holding that the word 'may' in section 23(1) is permissive.
It grants the corporation standing to sue on behalf of owners for common issues but does not deprive an individual unit owner of the right to pursue contractual or unit-specific claims relating to common elements immediately pertaining to their unit.
