Oppression In Condominiums: “Feeling Of Expectation” Must Be Objectively Reasonable

The article discusses the requirement for an "objectively reasonable" feeling of expectation in condominium oppression cases. In the case Berman v. York Condominium Corp. No. 99, the owner claimed that the condo acted oppressively by failing to replace his windows when he wanted them replaced. However, the court found that the owner had no reasonable expectation to have his windows replaced earlier than they were, as there was no evidence that they had failed or required replacement. The article emphasizes that the oppression remedy protects legitimate expectations and not individual wish lists, and that a board's decisions are generally above scrutiny if the directors act honestly, in good faith, and with due diligence. The article also notes that proving oppression is a tall order and an objective exercise.