I need help!!
A lien was put on my condo by the property manager for arrears. I have banking documents that prove I am not in arrears and all fees were not only paid, but deposited into the corporation bank account.
The manager obviously did not allocate the payments to my account – how they did not catch this in their reconciliation process, I do not know.
There is no information or services to help people who have fraudulent liens placed on their property…it’s terrible!!
How can I get this lien removed without any cost to me and any reference removed from my credit rating?
I’ve sent many emails to the law firm, to no avail. Any advice you have is greatly appreciated.
(Letter and response truncated to fit available space.)
Response from Toronto Condo News
Most condo boards are conscientious when it comes to condo liens. The lien is a last resort after other attempts at collection of fees have failed.
There is an expectation in the Condo Act that the condo corporation seek recovery of the full amount of unpaid condo fees due plus legal and other fees. When condo corporations follow the rules, they have a powerful debt collection mechanism.
A condo owner cannot avoid paying condo fees without risking serious repercussions. Nor can a condo board avoid pursuing collection procedures without risking personal liability.
Typically, there would be a period when you are informed of monies owed. You could make payment or produce documentation proving payment has been made. In your case this appears to not have happened and a lien has been placed on your home. One approach is to speak with the management office, produce documentation and ask them to remove the lien. If unsuccessful, you may need to consult a lawyer about fighting the lien in court.
For information on Condo Liens see the following Articles in the Condo Archives under Financial Management – Condo Fees: