Condominium Plan No. CD 100 v. Francisco, 2011 ABQB 254

Court of Queen ’ s Bench of Alberta Citation: Condominium Plan No. CD 100 v. Francisco, 2011 ABQB 254 Date: 20110411 Docket: 1003 05663, 1003 05664, 1003 05665 Registry: Edmonton Action No. 1003 05663 Between: The Owners: Condominium Plan No. CD 100 ( “ Brentwood Village ” ) Plaintiff - and - Rene T. Francisco and Leticia C. Francisco Defendants - and - Rene T. Franisco and Leticia C. Francisco Plaintiffs by Counterclaim - and - The Owners: Condominium Plan No. CD 100 ( “ Brentwood Village) Defendant by Counterclaim And Between: Action No. 1003 05664

The Owners: Condominium Plan No. CD 100 ( “ Brentwood Village ” ) Plaintiff - and - Rene T. Francisco and Leticia C. Francisco Defendants - and - Rene T. Franisco and Leticia C. Francisco Plaintiffs by Counterclaim - and - The Owners: Condominium Plan No. CD 100 ( “ Brentwood Village) Defendant by Counterclaim And Between: Action No. 1003 05665 The Owners: Condominium Plan No. CD 100 ( “ Brentwood Village ” ) Plaintiff - and - Rene Francisco and Leticia Francisco Defendants - and -

Rene Franisco and Leticia Francisco Plaintiffs by Counterclaim - and - The Owners: Condominium Plan No. CD 100 ( “ Brentwood Village) Defendant by Counterclaim _______________________________________________________ Memorandum of Decision of W. Breitkreuz, Master in Chambers _______________________________________________________ [ 1 ] The plaintiff’s application is for a redemption order for condominium fees proven as outstanding.

The only defence is that the plaintiff’s by-law authorizing the fees is unenforceable because they were not in place when the respondents purchased their condominium units, and that a special resolution passed by the majority of 76.6% of the eligible voters is invalid as against these defendants. [ 2 ] Section 1(1)(

x) of the Condominium Property Act , RSA 2000 defines a special resolution as one that is carried by a majority of not less than 75% of all the persons entitled to vote. [ 3 ] The board of directors determined that there were 77 eligible unit holders and that 59 of them voted yes. Accordingly the special resolution passed by a majority vote of 76.6%. [ 4 ] Section 32(4) of the Act provides that the by-law passed by special resolution does not take effect until it is filed with the Land Titles Office Registrar. The evidence of the plaintiff (para. 4 of the affidavit of Maria A.

Tchir) shows that that was done on November 9, 2005. [ 5 ] Everything appears to be in order. I am satisfied the plaintiff has shown that there is no genuine triable issue based on anything the defendants have raised in their material. [ 6 ] Accordingly there will be a 6 month redemption period. I will not set advertising terms at this stage. If the outstanding fees and solicitor client costs have not been paid at the expiration of the redemption period, the plaintiff may apply on notice to the defendants for directions for sale.

Heard on the 5 th day of October, 2010. Dated at the City of Edmonton, Alberta this 11 th day of April, 2011. W. Breitkreuz M.C.C.Q.B.A. Appearances: Victoria Archer Gledhill Larocque for the Plaintiff Rene Francisco self represented