Condo owners cannot dictate when to change the windows

In a recent decision, the Superior Court shed some light on the extent to which a condo owner can dictate when and how the corporation is to maintain, repair and replace common elements. Specifically, this owner was unsatisfied with the perceived delay in changing some of his unit windows and brought the corporation to court, seeking oppression remedy.

The oppression remedy is available to anyone whose reasonable expectations have not been met, leading to them being oppressed, unfairly prejudiced, or unfairly disregarded. However, as the court concluded in this case, not every unmet expectation and desire leads to oppression.