Developer ordered to pay condo fees

Homeowners in a Whitehorse condominium complex have won the latest court battle against the developer. A Yukon Supreme Court Justice has ordered the developer to pay nearly $400,000 in unpaid condo fees.

Homeowners in a Whitehorse condominium complex have won the latest court battle against the developer.

A Yukon Supreme Court Justice has ordered the developer to pay nearly $400,000 in unpaid condo fees.

The board for the Falcon Ridge complex took the developer, a numbered company owned by Brian Little, to court late last year.

They argued Little’s company owed them the money that is used to cover common expenses between all the homes.

Brian Little, on behalf of the developer, insists there was an “understanding” with the condo corp. that it would not pay any condominium fees until units were sold or leased.

But in a decision released this week, Justice Ron Veale disagreed.

“There is no evidence that supports the contention that the condo corp. made an explicit agreement or had an understanding that condominium fees would not be charged to the units owned by the condo developer,” he said.

Between 2005 and 2012, the developer built 86 homes, most of which were sold off.

It still owns 10 units in the complex.

The condo board was originally asking for more than $2 million – a combination of fees, interest and other penalties it claimed it was owed.

In his decision Veale recalculated that number and awarded the condo board $394,212.79.

The developer also argued that asking for retroactive payment of fees was unfair. Again, Veale disagreed.

“In this case, the obligation to pay its share of the common expenses always existed but was conveniently disregarded by the condo developer,” he said.

Veale ordered the money be paid with an interest at the rate of 18 per cent per year compounded monthly.

He also ordered the developer to pay the condo corporation’s legal costs.

Development in Falcon Ridge first came to the public’s attention when the condo corporation took the developer to court over a controversial apartment building on the property.

Last year, Veale halted construction on the project – which still sits half finished.

Veale called the case “a cautionary tale for condo developers, condo corporations and condo owners.”

He ruled the developer did not get the appropriate consent from homeowners before starting the new construction project.

More than $1 million has been sunk into the building, according to court records.

More recently, the court’s attention turned to what to do with the land in question.

In January, Veale said the developer should construct four-plex units or a combination of four-plex and single family units on the land.

He gave a 90-day deadline to come up with an approved plan.

Contact Ashley Joannou at

ashleyj@yukon-news.com

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Yukonomist Keith Halliday
Yukonomist: Are they coming?

One of COVID-19’s big economic questions is whether it will prompt a… Continue reading

Yukon MP Larry Bagnell, along with Yukon health and education delegates, announce a new medical research initiative via a Zoom conference on Jan. 21. (Screen shot)
New medical research unit at Yukon University launched

The SPOR SUPPORT Unit will implement patient-first research practices

Yukon First Nation Education Directorate members Bill Bennett, community engagement coordinator and Mobile Therapeutic Unit team lead, left, and Katherine Alexander, director of policy and analytics, speak to the News about the Mobile Therapeutic Unit that will provide education and health support to students in the communities. (yfned.ca)
Mobile Therapeutic Unit will bring education, health support to Indigenous rural students

The mobile unit will begin travelling to communities in the coming weeks

Premier Sandy Silver, left, and Chief Medical Officer of Health Dr. Brendan Hanley, speak during a live stream in Whitehorse on January 20, about the new swish and gargle COVID-19 tests. (Crystal Schick/Yukon News)
Swish and spit COVID-19 test now available in Yukon

Vaccination efforts continue in Whitehorse and smaller communities in the territory

The Royal Canadian Mounted Police detachment in Faro photgraphed in 2016. Faro will receive a new RCMP detachment in 2022, replacing the decades-old building currently accommodating officers. (Joel Krahn/Yukon News file)
Faro RCMP tagged for new detachment

Faro will receive a new RCMP detachment in 2022, replacing the decades-old… Continue reading

In a Jan. 18 announcement, the Yukon government said the shingles vaccine is now being publicly funded for Yukoners between age 65 and 70, while the HPV vaccine program has been expanded to all Yukoners up to and including age 26. (1213rf.com)
Changes made to shingles, HPV vaccine programs

Pharmacists in the Yukon can now provide the shingles vaccine and the… Continue reading

Parking attendant Const. Ouellet puts a parking ticket on the windshield of a vehicle in downtown Whitehorse on Dec. 6, 2018. The City of Whitehorse is hoping to write of nearly $300,000 in outstanding fees, bylaw fines and court fees, $20,225 of which is attributed to parking fines issued to non-Yukon license plates. (Crystal Schick/Yukon News file)
City of Whitehorse could write off nearly $300,000

The City of Whitehorse could write off $294,345 in outstanding fees, bylaw… Continue reading

Grants available to address gender-based violence

Organizations could receive up to $200,000

In this illustration, artist-journalist Charles Fripp reveals the human side of tragedy on the Stikine trail to the Klondike in 1898. A man chases his partner around the tent with an axe, while a third man follows, attempting to intervene. (The Daily Graphic/July 27, 1898)
History Hunter: Charles Fripp — gold rush artist

The Alaskan coastal town of Wrangell was ill-equipped for the tide of… Continue reading

A man walks passed the polling place sign at city hall in Whitehorse on Oct. 18, 2018. While Whitehorse Mayor Dan Curtis is now setting his sights on the upcoming territorial election, other members of council are still pondering their election plans for the coming year. (Crystal Schick/Yukon News file)
Councillors undecided on election plans

Municipal vote set for Oct. 21

Whitehorse City Hall. (Joel Krahn/Yukon News file)
City hall, briefly

A look at decicions made by Whitehorse city council this week.

A file photo of grizzly bear along the highway outside Dawson City. Yukon conservation officers euthanized a grizzly bear Jan. 15 that was originally sighted near Braeburn. (Alistair Maitland/Yukon News file)
Male grizzly euthanized near Braeburn

Yukon conservation officers have euthanized a grizzly bear that was originally sighted… Continue reading

Most Read