How Much Time Does a Condo Have to Register a Lien? (Part 2)

In Ontario, condominium corporations can register liens against the unit of an owner who defaults in paying his or her common expenses. Once the lien is registered, it grants the condominium priority over the mortgage. This very powerful tool to collect arrears expires if the lien is not registered within 3 months of when the default first occurred.  Two weeks ago, we blogged about an Ottawa case where a judge confirmed that the 3-month deadline to register a lien to recover legal fees started to run from the expiry of the deadline given to the owner to pay. At about the same time, a Toronto judge was hearing a case raising a similar question: when does the 3-month deadline to register a lien start to run when a corporation seeks to recover a costs award or “additional actual cost” incurred in the context of a compliance proceeding?   Read the article…………..


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