A condo board has been granted an injunction to stop a developer from continuing with construction of two multi-storey buildings on its land.
Whitehorse Condominium Corporation 95 argued that the numbered company controlled by Falcon Ridge Development failed to get the proper consents from owners when it started construction on two four-storey apartment buildings.
All of the other units in the complex near the Logan subdivision are small single-family bungalows.
The governing document of the condo board stipulates that any land under the board’s control “shall be occupied and used only as a private single-family residence and for no other purpose.”
Under the Yukon Condominium Act, amendments to this document can only be made with the written consent of all condo owners.
In a decision released yesterday, Yukon Supreme Court Justice Ron Veale lambasted the developer for not only failing to get the proper consents, but for attempting to intimidate the condo board president into signing off on the project.
“Taken together, this conduct is unquestionably reprehensible and deserving of rebuke,” said Veale.
The developer had filed its own petition, asking the court to either dissolve the condo board, stay the proceedings, or amend the declaration to allow for construction to go forward.
Veale dismissed that petition.
The developer is now blocked from continuing construction on the half-finished buildings until it gets unanimous consent from all of the owners in the condo complex. That may be difficult.
Several owners have filed affidavits with the court, expressing opposition to the developer’s plans.
Veale also ordered the developer to pay all the legal costs incurred by the condo board.
But this legal saga is far from over. In a separate lawsuit, the condo board is suing the developer for more than $1 million it claims its owed in unpaid condo fees.
In a statement of claim filed with the Yukon Supreme Court earlier this month, it says the developer has never paid condo fees on the units it owns in the complex.
In addition to $1,009,289.29 the condo corporation says it’s owed in condo fees, it is also claiming more than $70,000 in fines and accrued interest.
The corporation is asking that the court place a lien on the 11 units that the developer still owns in the complex.
As of press time, no statement of defence had been filed with the court.
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