July 2025
The condominium corporation does not have a right to impose whatever costs it wants on an owner, then call them unpaid common expenses so they can obtain the right to sell the owner’s unit.
One community of nearly 400 units learned that they cannot avail themselves of the lien process to take advantage of condo owners.
In response to a smoking complaint, they sent a notice from their lawyers to one owner claiming a violation of no-smoking provisions, for which there was no exemption, without any form of investigation or verification. There was a chargeback of $611 for the cost of drafting a legal letter which the owner refused to pay. An additional $1,330 chargeback was assessed for filing the lien and related costs, for a total of $2,926. This was a legacy unit for which there was an exemption of the no-smoking provision.
The corporation was ordered by the Condominium Authority Tribunal to reverse all chargebacks and pay the owner $2,000 in costs.
The condominium corporation undertook an expensive legal process, tried to take the owner’s home away, and to make them responsible for costs when they had done nothing wrong.
Many owners would comply with these demands out of fear rather than fight such an unreasonable claim. The ultimate goal of condominium corporations that make excessive reliance on their legal counsel and unreasonable demands is to force an owner to submit and ignore their rights.
Condominium corporations have an obligation to be reasonable and avoid legal actions unless other efforts have failed. When legal actions have been taken, onus is on the condominium corporation to show that they have acted in a proper and justified manner.
