Lien Deadlines

Today I thought that I would share a practical tip about liens with you.

Many boards like to wait until the very last moment to register a lien so they give the owner the most time possible to make payment. This is risky because the lien right expires and delaying may mean the condominium is unable to register a lien before the right expires. As you know, section 85 of the Condominium Act, 1998, states that the lien right expires 3 months after the default if a lien is not registered against the unit (or POTL for common elements condominiums).

The 3 month period set out in the Act isn’t the only deadline you need to be aware of. It is important to note that the electronic registration system used by most lawyers only permits documents to be registered between the hours of 8:30 a.m. and 5:00 p.m. Monday to Friday, excluding holidays. So if you send instructions to lien to the lawyer at 4:55 p.m. on the last day of the month there is a good chance that they may not have time to register it and the condominium will lose the right to register a lien for the oldest arrears.  Continue reading

Top Condo Cases of 2014

The courts have been busy this year! While that is good news for law bloggers, it means far too many condominiums are spending money on lawyers when they could be spending it on solutions. Here are the highlights from cases in Ontario:

10. Declarants may use s.152(6) of the Condominium Act, 1998 to regain control of phased condominiums years after they became entitled to request a meeting of owners to elect a new board. Such conduct may not be oppressive, even when the reason for the request was to end litigation started by the condominium against the declarant: Middlesex 643 v. Prosperity Homes LimitedContinue reading