Section 134(5) of the Condominium Act, 1998, permits the condominium to add “additional actual costs” to the common expenses payable for a unit where it is successful in obtaining an order for damages or costs from the owner or occupant of the unit. Many condominiums rely upon section 134(5) of the Act when seeking costs from owners and occupants after a successful application. The courts have recently begun to resist such claims where the amount sought for legal costs is excessive or unreasonable.
In one of the more recent decisions (York Condominium Corporation No. 301 v. James (2014) SCJ) the condominium sought over $125,000.00 in costs from the owner. The condominium also sought over $27,000.00 for security, plumbing, inspection, and locksmith charges. The court refused to allow the condominium to recover all of its legal costs. The court refused to award any of the other charges.