Well, loyal readers, it looks like the most recent Superior Court decision, Amlani v YCC 473 has caused quite a stir in the Condo blogosphere. Our last post on this decision concluded that Condos Cannot Lien the Cost of Seeking Compliance. Some of our esteemed colleagues have since agreed with our take that costs for compliance can never be liened (without a court order), while others have suggested that compliance costs may be liened as long as the indemnification provisions in the Declaration are clear and detailed enough. Time will tell how the Courts develop the Amlani decision. In the meantime, in light of this uncertainty as to the full meaning of this decision, condo corporations are best to consult with their condo lawyer before liening or charging back expenses incurred in the context of compliance.
In this second installment of our post-Amlani series, we look at one way to make this all a little simpler: Condo Corps, through their Boards, manager and lawyers, must act reasonably when addressing compliance issues.
