Part 14 published on 01/05/06
Condominium corporation granted Certificate of lis pendens against unit
The condominium corporation had started a lawsuit against the Defendants. The lawsuit included claims for the following:
- Recovery of unpaid condominium fees;
- Recovery of proceeds from alleged improper sales of parking stalls;
- A declaration that the common meeting room was part of the common property.
The condominium corporation also obtained and registered a certificate of lis pendens against a unit owned by the Defendants. [A certificate of lis pendens against a parcel of land (such as a condominium unit) is appropriate in cases where the Plaintiff has commenced a lawsuit which claims an interest in that parcel of land.]
The Defendants challenged the validity of the certificate of lis pendens.
The question for the Court was: If the Plaintiff’s claims are successful, would the Plaintiff then have an interest in the unit? The Court’s answer was “yes” and the Court therefore refused to discharge the certificate of lis pendens.