The Lofts on 17th

Known Issues (news/court)

[lawsuit_or_court - construction deficiencies / building envelope] An individual condo unit owner sued third parties for deficiencies/damage to the complex's common property; the condo corporation argued it alone had standing to sue. The Court of Appeal upheld the trial judge's ruling that the owner could proceed, dismissing the appeal. (2020-06-15); [lawsuit_or_court - construction deficiencies / building envelope] In a negligence action against a former lawyer, the court held a condo corporation does not have the exclusive right to sue for common property deficiencies; owners, as tenants in common holding legal title, could bring proportionate tort and contract claims against the developer for construction deficiencies that led to special assessments totaling $572,000. (2019-05-24); [lawsuit_or_court - owner vs board dispute / oppression] Owners who purchased units at 'the Lofts on 17th Avenue' sued the condo corporation, its property manager (MCM), and individual directors for economic loss from lower rental/sale income and special assessments allegedly caused by failure to repair the building's defective HVAC system; on appeal from a Master's summary judgment decision, the court held triable issues existed as to when the limitation period began (including whether later economic loss constituted a separate injury) and whether the property manager owed a tort duty to relay complaints, and dismissed the defendants' appeal seeking dismissal of the claim. (2010-02-26)