Yukon North Of Ordinary

News archive for January 15, 2013

Condo association files lawsuit against developer

The condo association currently battling a developer over the construction of an apartment complex in its community is now suing the developer for nearly $2 million.

By Ashley Joannou on January 15, 2013 at 3:43 pm

photo

Photo by Whitehorse Star

AREA OF DISPUTE – Whitehorse Condominium Corp. 95 represents homeowners in the Falcon Ridge condo community, seen in late 2012.

The condo association currently battling a developer over the construction of an apartment complex in its community is now suing the developer for nearly $2 million.

Whitehorse Condominium Corp. 95 represents homeowners in the Falcon Ridge condo community off Falcon Drive.

Late last year, the condo corporation took the developers – 37724 Yukon Inc. — to Yukon Supreme Court seeking an injunction to stop the construction of the apartment complex.

They claimed the developers did not have the proper consent from the homeowners to begin to build.

The developer is seeking to either amend the bylaws or terminate the board completely.

The judge has not made his decision in that case, and construction was permitted to continue while he considers the sides.

Now, the condo corporation has filed separate paperwork in Yukon Supreme Court claiming it is owed nearly $2 million.

The corporation claims the developer owes $1,009,289.29 in unpaid condo fees and an additional $950,422.04 in interest and fines on the unpaid money.

In court documents filed earlier this month, the condo corporation claims the developer has not paid any condo fees since construction in October 2005.

In the beginning, the developer owned all the condos and later began selling them off to third parties, the documents say.

Currently, they now own 10 units plus the block of land where the disputed
apartment complex is being built.

37724 Yukon Inc. has not paid any of the common expenses normally charged to owners, the lawsuit claims.

In 2005, those fees were assessed at $80 a month. That was raised to $150 a month in 2007 and elevated again to $190 a month in 2009.

No statement of defence has been filed in the case.

CommentsAdd a comment

flyingfur

Jan 16, 2013 at 2:23 pm

Compare how this development is going compared to all of the other ones around Whitehorse.  Not good.  And the developer is expecting to build and sell MORE units in this area?  Why would anyone in their right mind buy into this squabble?  I know I would not and dollars to donuts that a lot of these units don’t get sold because nobody wants to invest in uncertainty.  Too bad for the people who already own places in this development…hear the flushing sound?  That is the value of your property going down the drain.

skinner

Jan 17, 2013 at 4:35 pm

I’ve seen a lot of misinformation and misguided notions being thrown around. Perhaps people should stop eating their potato chips, get up off your couch and educate yourself. The plans for this development have been approved by the city and are there for public viewing. Certain criteria has to be met before it is approved. All of which have been met. flyingfur seems like a trouble maker. I have read some of your previous comments. Again based on misinformation and ignorance.It must be special to be you.

Adrian Bisson

Jan 17, 2013 at 5:44 pm

I live in this development and I fully support the developers on this.  The Condo Corp is suing for Condo fees on this apartment building and the other two that haven’t even been started yet. The condo corp tried to stop them from being built and now wants to collect fees for them and they aren’t even built yet?  I’m excited to see the egg on their face when the lawsuit gets dismissed.

JayManC

Jan 19, 2013 at 9:19 am

I can’t believe they think they are owed that money for something that hasn’t been built yet. What a joke! I think this condo association is way out of line and overstepping their boundaries. And yes I hope the developer wins this case because, the building hasn’t been completed yet. As for the other owners welcome to reality of life and home ownership, if you think the buildings are going to stop being built you’re very wrong, the population is still growing and people need places to live so quit being so selfish or move to an area where development won’t bother you!!

flyingfur

Jan 20, 2013 at 1:42 pm

Skinner:  Rather than general shots at my comment, how about specifically pointing out something that you disagree with and sharing with all of us the “facts” as you see them?  While the plans have been approved by COW, perhaps you’d like to look at the original plans that were shared with the homeowners vs. the actual plans that they are going by now as they add 58 units to the apartment dwelling…without improvements to facilities and infrastructure.  Where are all of these people going to park?  Noise levels and traffic?  The developer has come right out and said that they don’t think they have to go back to the current owners for permission for changes which is contrary to the agreement.  I’ve done my homework…time for you to do yours.

Joel

Jan 22, 2013 at 1:33 am

We are still talking about the apartment complex, right?  The one where you rent and don’t buy anything?
Also the one that people in Whitehorse have been asking for.  There are not enough places to rent has become make them rent away from us.

Adrian Bisson

Jan 22, 2013 at 5:31 pm

Mr. Fur:  Parking plan has been submitted and approved by the city.  Two spaces for each apartment as well as guest and disabled parking.  The original plans show apartment buildings just in a different part of the site.  They were moved to current location at the request of the condo board.  The same board seeking an injunction and suing based on fraudulent number-crunching.  All told there will be 56 apartments total across all three buildings.  Original plan called for same across two buildings.  Any changes were requested by the board.  Not sure where you got 58 from.  Perhaps the same logic was applied from the bogus condo fees lawsuit.  Original plans called for 3 phases of building the apartments were always intended to be the third and final phase.  Condo corp is in deep and grasping at straws.  If they lose and the counter-suit goes through then these owners are in for a hefty bill.  How many members voted to retain the lawyer?  Oh right, we weren’t asked.  How many voted to file a lawsuit?  None.  Wait till the condo owners see the bills for this mess.

flyingfur

Jan 24, 2013 at 10:56 am

Adrian:  You are correct in that it is 56…not 58 as I had suggested.  That said, I am still not convinced that there is room for 112 parking spaces there.  Judge Veale also ordered Little to pay the legal fees of the condo corporation so they won’t be seeing bills as you suggest.  Not sure what will happen with that 1/2 built apartment and the general mess around that complex…it is an eyesore to say the least.

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