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.
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.

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.