Part 36 published on 01/12/11
Dispute relating to arrears of common expenses and related lien rights
The defendants were the owners of many units in the condominium. The condominium corporation claimed for arrears of common expenses and sought possession of the units in order to proceed with powers of sale under liens registered by the condominium corporation. The condominium corporation also sought an order for release (to the corporation) of the sum of $104,185.16 paid into trust by the defendants.
The Court found that substantial arrears were owed and granted partial judgment in the amount of $109,440.52, (which was apportioned between the defendants’ units in accordance with their percentage contributions). The Court accordingly ordered release of the trust funds to the condominium corporation.
However, the Court was not able to determine the total amount owing by the defendants and ordered a trial to determine this amount and to determine the related rights of the condominium corporation under its liens. Pending the trial, the defendants were ordered to pay ongoing monthly common expenses.