Decisions from the Courts: The Impact on Your Condominium Corporation
An owner of a unit in a commercial condominium corporation failed to pay his common expenses for over six years. Despite this, no certificate of lien was ever registered. In an effort to collect what had then become a very substantial amount of arrears, the condominium corporation brought an application for a compliance order under s. 134(5) of the Condominium Act asking that the owner pay all arrears of common expenses. The court declared that the owner was in breach of its obligation to contribute to the common expenses as set out in s. 84 of the Act. The court then ordered that the owner comply with its duties and obligations under the Act. In doing so, the owner was obligated to pay almost $25,000 in damages as a result of the noncompliance, the corporation’s costs of almost $14,000 incurred in obtaining the order. In addition, the total of the damages and costs awarded were ordered to be added to the common expenses for the unit.