Part 26 published on 01/05/09
Condominium obtained right to lien for old arrears
The Respondent condominium owner had failed to pay common expenses for approximately six years. The condominium corporation had not registered a lien against the unit. The condominium corporation made Application, under Section 134 of the Condominium Act, 1998, for an Order requiring the owner to pay the arrears, plus costs. The Order was obtained. The Court also ordered that these amounts were to be added to the common expenses of the unit in accordance with Section 134 (5) of the Act (thereby allowing the condominium corporation to register a lien for recovery of the full amount of the arrears and costs).
[Editorial note: This is a strong decision for Ontario condominium corporations. This essentially allows condominium corporations to “refresh” their lien rights even in cases where a lien has expired pursuant to Section 85(2) of the Condominium Act, 1998 (by virtue of passage of time).]