Legal Blog

Condominium Collection Costs

Amlani v. YYC 473 2020 Ont SCJ (Div Ct)

Section 85 of the Condominium Act allows a condominium to register a lien in respect of common expense arrears and the legal costs in connection with their collection. Section 144 of the Act allows for a condominium corporation to apply to the Superior Court to enforce compliance with the Act, declaration, bylaws etc. and, once it has a compliance order, may then add the amount of damages in that order and the costs to obtain the order to the common expenses for the unit. Section 144 does not allow the condominium to add compliance legal fees to common expenses without a compliance order.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.