From Condo Reporter-Deck Replacement Project Results in Unsuccessful Law Suit by Condo Owner

Wood Decks Causing Leaks drive majority of owners to vote in favor of replacing the old wood  decks with new vinyl waterproof coated decks…anmd one owner sues under a claim of “that the work being done constituted a substantial change under Section 97(4) of the Condominium Act, which required the approval of the owners of two-thirds of all the 51 units.”
Well he lost…

The Facts

After several of the townhouse units experienced leaks, water damage and mould, the corporation hired a professional contractor and an engineer to investigate. The professionals concluded that the leaks resulted from construction design and implementation flaws of wooden decks constructed over the unit garages. The board concluded that corrective action was necessary to prevent harm to persons and further damage to property. Based on advice received from the contractor and engineer, there were two options available to fix the problem – replace the existing wooden decks with new wooden decks or, alternatively, replace them with vinyl decks. After having made its decision that corrective work would be undertaken, the board scheduled a meeting of owners to discuss and choose a style of the replacement decks. Votes were cast by 24 of 51 unit owners, and 20 of the owners voted in favour of the vinyl decks.