Yukon condo owners take developer to court

A Yukon Supreme Court judge is asking for more time to sort through the Falcon Ridge condominium dispute in Whitehorse.

Lawyers for the homeowners and the developers wrapped up two days of legal arguments Monday. Both sides are asking for compensation in the case.

The 89 members of the Falcon Ridge Condominium Corporation claim their developer changed building plans without consulting them. They want construction stopped on a new apartment complex being built nearby.

But since they filed their injunction two weeks ago, a third floor on the new building has gone up, and there are no signs crews are slowing work.

The corporation’s lawyer, Jim Tucker, said that until recently, the homeowners were not aware of their rights or responsibilities under the territory’s Condominium Act.

He said the Utah-based developers, who are operating as a numbered Yukon company, formed the original condo corporation and have maintained control of it for the past seven years.

Tucker said that during that time, the developers amended the corporation’s bylaws on six separate occasions, each time claiming approval from members when there was none.

He said homeowners raised concerns when they learned about plans for four-story apartment blocks. Homeowners also accuse the developer of bullying and of using fraudulent tactics, including threatening to withold the transfer of their club house unless they agreed to new construction plans.

Tucker said they learned about the plans too late, and now court intervention is their only legal option to stop it.

However, construction is well underway.

The developer calls the homeowners’ lawsuit equally outrageous and wants the case dismissed. Lawyer Garry Whittle said the homeowners "sat on their rights for months" before filing thier grievance. He wants the condo corporation disbanded and ordered to pay special court costs.