Court of Appeal Confirms Deadline for Registering Condominium Liens

In a recent decision by the Ontario Court of Appeal (CIBC Mortgages Inc. v. YCC No. 385), the Court confirmed the deadline by which a condominium corporation can validly register a lien pursuant to section 85 of the Condominium Act, 1998 (the “Act”).  Section 85 provides that if an owner defaults in the payment of common expenses, then the condominium corporation has a lien against the owner’s unit. The lien expires three months after the default that gave rise to the lien occurred, unless the corporation has registered on title a certificate of lien. A properly registered lien has priority over any mortgage registered against the unit as long as the mortgagee gets written notice of the lien.    Read the article…………..

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