PDF version: Managed property, the reserve fund, ultra vires doctrine and other issues in interpreting the Condominium Property Act

Case commented on: Maciejko v Condominium Plan No. 9821495, 2012 ABQB 607

Maciejko v Condominium Plan No. 9821495 (“Shores“) is posed to be an extremely significant case for the Condominium Property Act, RSA 2000, c C-22 the (“Act“).  The case deals with questions that go to the root of the practice area.  How should the powers of a condominium corporation be interpreted?  What is a “unit”?  What is the role of the condominium plan?  The answers to such fundamental questions have a significant impact not only for Shores itself, but also for hundreds of other condominiums in Alberta similarly set-up.  The questions also have significant importance to the entire condominium practice area and, at a more practical level, the use of the Act as a tool for the development and empowerment of condominium communities.