Part 52 published on 01/11/15
Condominium corporation improperly registered caveat for fines and related legal costs
The Applicant condominium owner parked a large motor vehicle (a minibus) on the condominium property. The condominium corporation asserted that this violated the corporation’s by-laws, and levied fines against the owner, allegedly in accordance with the by-laws. The condominium corporation subsequently registered a caveat against the owner’s unit, claiming $888.75 in condominium fee arrears, consisting of $600 in unpaid parking fines and $288.75 for the cost to register the caveat.
The condominium corporation requested payment from the unit mortgagee, and the mortgagee paid the amounts claimed to the condominium corporation.
The Court said that the condominium corporation had no right to register a caveat for the fines and related legal charges, and ordered the condominium corporation to repay those amounts to the owner.
However, the Court dismissed the owner’s claim for additional damages for alleged improper or oppressive conduct on the part of the condominium corporation.