Part 53 published on 01/02/16
Condominium corporation granted judgement for arrears, but foreclosure temporarily stayed
The Water’s Edge condominium complex comprises a high-rise tower and 10 townhouse units. There were problems with the tower’s exterior siding, which necessitated escalating special assessments.
The townhouse owners had refused to pay their special assessments and had asserted a counterclaim, alleging improper conduct against the condominium corporation. Among other things, the counterclaim sought an order to sever the townhouse units from the condominium.
The Court held that the condominium corporation was entitled to payment of the special assessments by the townhouse owners, and was entitled to a caveat against those units which could be enforced in the same manner as a mortgage. However, the Court also made the following order:
The foreclosure action is stayed and the redemption period is set at 8 months from the date of the Redemption Order, or 30 days from resolution of the counter claim, whichever occurs first.