20 Jun 2024
Condominium Plan No 912 3701 (Liberton Village Condominium Corporation) v Herbert
Key Issues:
- Definition of "contributions" under the Condominium Property Act (CPA).
- Allegations of improper conduct by the Condominium Corporation (Condo Corp).
- Entitlement to further costs under Rule 9.14 of the Alberta Rules of Court.
Background:
- The Hoffmans and Herberts own adjacent units.
- On November 12, 2020, Andrew Herbert caused damage by cutting a hole between the units during a mental health crisis.
- Condo Corp and the Hoffmans obtained a restraining order against Andrew Herbert and sought his eviction.
Court Orders and Developments:
- Eviction Order: Issued on December 9, 2020, requiring repairs and payment of costs by the Herberts.
- Dispute over Repairs: The Herberts conducted unauthorized repairs, leading to disputes.
- Sale of Herbert Unit: Sale attempts were hindered by Condo Corp’s disclosure of unresolved repair issues.
- Caveat Filed: Condo Corp filed a caveat against the Herbert Unit for associated costs.
Court’s Analysis:
- Validity of the Caveat: Found valid as there were outstanding contributions, though the amount was unclear.
- Improper Conduct: No improper conduct by Condo Corp; their disclosures were accurate and necessary.
- Costs Application: Condo Corp's request for expanded costs was denied as it sought to alter the original Eviction Order.
Conclusion:
- Applications by Carol and Chris Herbert dismissed.
- Condo Corp’s costs application under Rule 9.14 denied.
- The court did not explicitly order a specific amount to be paid in this decision.