Facts: David and Dr. Colleen Judge purchased a condominium intending to renovate before moving in. Their renovations were delayed by a 75-day moratorium imposed by the Condominium Board during the COVID-19 pandemic to protect resident health and safety. The Homeowners alleged this was oppressive and unfair under Section 67 of Alberta’s Condominium Property Act.

Issues:

1. Did the Board act within its legal powers?
2. Were its decisions based on facts and made non-arbitrarily?
3. Were the Homeowners treated equally compared to others?

Court’s Analysis:

• Authority: The Board acted within its statutory powers to enforce bylaws and prioritize resident welfare under pandemic conditions.
• Reasonableness: The decision to impose the moratorium was based on public health guidance, building demographics (primarily elderly residents), and the inability to enforce strict contractor protocols.
• Equal Treatment: The moratorium applied universally to all construction, including Board-initiated projects, and did not single out the Homeowners. Caregivers and cleaners, deemed essential, were distinct from contractors.

Outcome: The Court held that the Condominium Board acted reasonably and did not engage in improper conduct. The moratorium was justified given the exceptional pandemic circumstances. The Homeowners' summary judgment application was dismissed, while the Condominium’s request for summary dismissal was granted.

Costs: Litigation costs were not resolved, with parties instructed to negotiate or proceed to a cost review. The Court declined to address the impact of amended bylaws on cost recovery. The Court did not specify any monetary damages or compensation.