Neil's Pond (Phase III) Condominium Corp. v. J.M.J. Holdings Ltd. (Newfoundland and Labrador Supreme Court, Trial Division - General Division)

A number of units were unsold and accordingly were still owned by the developer.  The developer asserted that common expenses were not payable with respect to units owned by the developer until those units were ready for occupancy.  The Court disagreed and ordered the developer to pay common expenses, in accordance with the terms of the corporation’s declaration, in relation to all unsold units, commencing upon the date of registration of the declaration.  The Court also confirmed that interest had accumulated on the unpaid amounts, at the rate indicated in the corporation’s declaration.