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Real Property LawCondominiumsONMEDIUM

A Toronto condominium owner tells the board she will stop paying her common expenses because she never uses the gym and has a water-damage claim against the corporation. Under the Condominium Act, 1998, what is her position?

Correct Answer

A) She must keep paying, because neither waiving use of the common elements nor claiming against the corporation exempts her

Section 84(3) of the Condominium Act, 1998 says an owner is not exempt from contributing to the common expenses even if the owner has waived or abandoned the right to use the common elements or is making a claim against the corporation. Her remedy for the leak is a separate claim; the monthly contribution stays due, and unpaid amounts can become a lien under s. 85.

Answer Options
A
She must keep paying, because neither waiving use of the common elements nor claiming against the corporation exempts her
B
She may withhold the share of the budget attributable to the gym, since she has waived its use
C
She may pay her contributions into a lawyer's trust account until her damage claim is resolved
D
She may stop paying once she files her damage claim with the Condominium Authority Tribunal

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Key Terms

common expensessection 84no avoidancecondominium owner obligations
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