Month: November 2016
How Much Time Does a Condo Have to Register a Lien? (Part 2)
In Ontario, condominium corporations can register liens against the unit of an owner who defaults in paying his or her common expenses. Once the lien is registered, it grants the condominium priority over the mortgage. This very powerful tool to collect arrears. A lien expires if it’s not registered within 3 months of when the default […]
Condominium Declaration, By-laws and Rules: What’s the Difference?
I was speaking this weekend at a Condominium Director’s Course given by CCI-Eastern Ontario. One of the participants asked me to explain the differences between a condominium declaration, by-laws and rules. While the more seasoned condominium directors have become familiar with these documents, many first-time directors may be puzzled by the differences between them. In fact, […]
Register Your Condo Lien Early or Risk Losing It
Timely collection of common expenses by condominium corporations is essential to the safeguard of their financial viability. For this reason, the Condominium Act permits condominiums to register liens against the unit of owners who are in default of paying their common expenses. Once registered, the lien has priority over mortgages. However, to benefit from this […]
Courts Will Protect Condo Board Decisions… made in good faith
You may recall our blog on an Ottawa case opposing a mixed-use condominium corporation to the owner of a public parking business within this corporation. The Court of appeal reversed the original decision and concluded that condo board decisions taken in good faith should be shown deference and will not likely be set aside by […]
First-Year Deficit of a Condominium Corporation
One of the first challenges of a new condominium board of directors is the survival of the first fiscal year on a budget set by the builder. When there is a shortfall between this first-year budget and the actual operating expenses incurred by the corporation during that first year, condominium corporations can turn to the declarant. First […]