The court ruling you refer to is “Maciejko v. Condominium Plan No. 9821495, 2012 ABQB 607”. I tried to post it here without success but you could google it. Essentially, the ruling says that, in the case of a bareland condo, the corporation cannot accumulate a reserve unless the components for which the reserve fund is established are specifically mentioned in the bylaws and the responsibility for those replacements or repair falls to the Corporation.
As to your question about “Common Property”, typically your bylaws will name your condominium corporation as the responsible party to maintain and to repair and replace common property components. The court ruling does not affect that.
Mark R on March 09 2018 at 01:41 PM