EstatePass
Real Property LawCondominiumsONMEDIUM

In Ontario's condominium system, what happens if a unit owner fails to pay monthly common expenses for an extended period?

Correct Answer

B) The corporation can register a lien and potentially force the unit's sale

Under Ontario's Condominium Act, unpaid common expenses become a lien against the unit, and the condominium corporation can register this lien and ultimately force the sale of the unit to recover the debt. This lien takes priority over most other encumbrances except property taxes.

Answer Options
A
The condominium corporation can immediately sell the unit to recover arrears
B
The corporation can register a lien and potentially force the unit's sale
C
Other unit owners must cover the shortfall with no recourse
D
The unit reverts to the original developer under the declaration

Why This Is the Correct Answer

Option B correctly identifies the legal process under Ontario's Condominium Act, 1998. When common expenses remain unpaid, the condominium corporation can register a lien against the unit under section 85 of the Act. This lien has priority over most other encumbrances (except property taxes and certain others) and can ultimately lead to a power of sale proceeding to recover the debt. The corporation must follow proper notice procedures and legal steps, but this mechanism ensures they can recover unpaid amounts while respecting property rights and due process requirements.

Why the Other Options Are Wrong

Deep Analysis of This Real Property Law Question

Background Knowledge for Real Property Law

Memory Technique

Exam Tip for Real Property Law

Real World Application in Real Property Law

Common Mistakes to Avoid on Real Property Law Questions

Key Terms

condominium liencommon expensesCondominium Actpower of salepriority ranking
Was this explanation helpful?

More Real Property Law Questions

People Also Study

Practice More Real Property Law Questions

Access 540+ Canadian real estate exam questions and pass your licensing exam.

Start Practicing