Condo Adviser Episode 32: Deep dive on condo liens and chargebacks

64 minute read
11 April 2022

Gowling WLG Speakers:

Condo corporations are not-for-profit organizations who rely on owners paying their "condo fees" on time. They also need to be able to charge back to owners expenses that specific owners impose on the Corporation. If owners fail to make these payments, the rest of the innocent owners suffer. Having said that, not all chargebacks are valid. We have seen far too much abuse, which have forced owners and condo corps to face off in court.

Topics discussed include:

  • Regular monthly common expenses
  • Chargebacks:
    • Damage to common elements
    • Damage to units
    • Insurance deductible amount
    • Indemnification provisions
    • Fines or administrative fees
  • Condo liens
    • What they cover
    • What they don't cover
    • Process to lien a unit
    • Timing of lien
  • Power of sale
  • Can condos charge back legal fees incurred to secure compliance with condo rules:
    • Before the Amlani case
    • The Amlani case
    • Now what?
  • What legal fees can be recovered in a judicial proceeding:
    • Small claims
    • Superior court of justice
    • Condo Authority Tribunal

Speakers

  • Rod Escayola (Gowling WLG)
  • Graeme MacPherson (Gowling WLG)
  • David Plotkin (Gowling WLG)
  • Josée Deslongchamps (DES Services)
  • Michelle Joy (Wilson Blanchard)
  • Roger Ouseley (Ouseley Hanvey Clipsham Deep LLP)


NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.

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