14/06/2019 – Jurisdiction Ontario
Part 67 published on 01/09/2019
Special assessment properly levied by condominium corporation
The condominium corporation registered notices of lien (for unpaid condominium fees) against unsold units of the Declarant. The corporation subsequently levied a special assessment which the Declarant did not pay (in relation to its units). The corporation subsequently issued Notices of Sale in relation to the liens against the Declarant’s units.
The Declarant asserted that the special assessment was not properly levied and that the Notices of Lien were therefore invalid. The Declarant said that:
- the special assessment was not properly levied in accordance with the corporation’s by-laws, because the corporation had no budget in place at the time;
- the Notice of Special Assessment lacked the detail required by the by-laws;
- the information in the Notice of Special Assessment was misleading;
- the specially assessed funds were spent improperly.
The Court rejected all of the Declarant’s arguments and declared the special assessment and the Notices of Sale valid.
1552443 Ontario Inc v. Nipissing Vacant Land CC No. 41