Known Issues (news/court)

[lawsuit_or_court - governance / meetings / records] The Calgary Jewish Academy sought a declaration that its 1991 lease of condominium common property (for parking and emergency access, at $1.00/year) was valid, while the condominium corporation argued it was ultra vires because it predated the required unanimous owners' resolution and lacked written consent from all interest holders, including unit purchasers who had already signed agreements; the court held the lease unenforceable as ultra vires and directed the parties to negotiate an easement for emergency access, failing which the court would settle its terms. (2013-03-04); [lawsuit_or_court - other] The Calgary Jewish Academy sought a declaration that a 1991 lease with the condominium corporation for parking, pedestrian and emergency access land was valid, after the condo corporation argued the lease was ultra vires because required owner consents were not obtained; the Court of Appeal held that the statutory certificate filed under s.40(4)-(5) of the Condominium Property Act was conclusive proof the unanimous resolution was properly passed and consents obtained, allowed the appeal, and declared the lease valid. (2014-09-08)