Part 9 published on 01/02/05
Condominium Corporation entitled to recover all reasonable costs related to arrears of common expenses
The unit owner fell into arrears of common expenses. Notice of lien was sent to the owner. The owner then paid the arrears of condominium fees, but refused to pay the legal costs incurred by the condominium corporation. The corporation accordingly proceeded with registration of a lien, for recovery of the legal costs. The owner brought a claim in Small Claims Court, seeking recovery of all amounts under the lien.
The court found that the lien was properly registered, and that the owner was responsible for 100% of the condominium corporation’s costs, including 100% of the corporation’s costs related to defence of the claim in Small Claims Court. The court said that the owner was bound by condominium law to pay 100% of the costs and that the limitations respecting recovery of costs contained in the Small Claims Court rules and the Courts of Justice Act did not apply.