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Real Property LawCondominiumsONMEDIUM

An owner misses the March 1 common expense payment for her Ontario condominium unit. What must the corporation do to keep its statutory lien for that unpaid amount from expiring?

Correct Answer

C) Register a certificate of lien within three months after the default

Under s. 85(2) of the Condominium Act, 1998 the lien expires three months after the default unless the corporation registers a certificate of lien within that time. Section 85(4) also requires written notice to the owner at least 10 days before registration.

Answer Options
A
Sue the owner in Small Claims Court within 30 days
B
Register a certificate of lien within six months after the default occurs
C
Register a certificate of lien within three months after the default
D
Nothing, as the lien lasts until the arrears are paid in full

Why This Is the Correct Answer

Section 85(2) sets the three-month window for registering a certificate of lien.

Why the Other Options Are Wrong

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Key Terms

certificate of liensection 85common expense arrearsthree months
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