Hawkins: The Oppression Remedy, Charge Backs And Condo-Wide Work

Condominium corporations are uniquely placed to encounter collective action problems. Each condo unit is individually owned, but they share much of the same infrastructure and that infrastructure connects with collectively owned infrastructure.

TSCC 1696 encountered one of these situations when it found out that it needed to replace its pipes. The decision of Justice O'Brien is in Hawkins v. TSCC 1696, 2019 ONSC 2560.

The Facts

In 2016, the corporation became aware that the building, including individual units, had been constructed using Kitec pipes, which were known to fail. The board determined that it was necessary to replace the pipes to avoid water damage. It negotiated a single contract for replacement of the pipes and then sent notice to owners allowing them to opt out.

This notice attracted the ire of Ms. Hawkins, who owned and lived in one of the units in...