A unit owner recently brought an application to the court for an order declaring a notice of sale issued by a condominium under a lien null and void. The owner was also the condominium’s declarant. The declarant did not turn over the condominium to the owners when required by the Act or contribute to the common expenses for the units it still owned. Sound familiar?
In York Condominium Corporation No. 82 v. Bujold, the Ontario Court of Appeal heard a case about a condominium lien. The facts are important to understanding the case. Briefly, the condominium served a notice of lien on the owner on June 22, 2007. However, the lien was not registered on title to the owner’s unit until September 25, 2007 (more than three months later). The judge held the lien had expired. The condominium appealed to the Court of Appeal. Continue reading