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…………..


Related Articles

More about the proposed new Condominium Authority Tribunal

As we have discussed in previous entries (see here and here), Bill 106 proposes to create a non-profit and self-financed

Ottawa Condominium Ordered To Allow Pay-And-Display Parking

In a recent Ottawa decision, the court confirmed again that condominium corporations must be careful to properly balance the interests

Canada: Condo Directors Held Personally Liable For Legal Costs

The Condominium Act (the “Act”) has several provisions (sections 85, 134(5) and 135(3) which place the financial burden of obtaining