Is a condominium corporation bound by its own bylaws or bylaws?
Alberta, Canada
The following excerpt is from Bank of Montreal v. Rajakaruna, 2013 ABQB 368 (CanLII):
The defendants argue that this circular and inventive argument cannot be sustained by an ordinary reading of the bylaws and would fly in the face of the well reasoned decision of Master Prowse in Condominium Plan No. 8210034 v. King 2012 CarswellAlta 413, 2012 ABQB 127, 213 A.C.W.S. (3d) 782, [201] A.W.L.D. 3109. Master Prowse clearly delineated the difference between statutory and contractual claims and priorities that flow therefrom.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a condominium corporation have any natural person powers? (Alberta, Canada)
Can a shareholder of a corporation who is not a majority shareholder of the corporation obtain relief under the oppression provisions? (Alberta, Canada)
Can a condominium corporation grant an assignment of an indoor parking space to a person with a disability? (Alberta, Canada)
Does a lawyer who holds corporate records constitute a lawyer for the corporation? (Alberta, Canada)
Is there any common law common law concept or common law relation to corporate shields or corporate vale? (Alberta, Canada)
What is the capacity of a corporation to maintain an action? (Alberta, Canada)
What is the test for breaching a restrictive covenant in a condominium scheme? (Alberta, Canada)
Is a failure by a corporation to meet statutory notice requirements a remedy for improperly notified shareholders? (Alberta, Canada)
Is a court bound by law to award costs in favour of the successful party against the unsuccessful party? (Alberta, Canada)
Is a third party dealing with a corporation not required to ensure that all internal regulations have been complied with where a document is regular on its face? (Alberta, Canada)
