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Residential TradingCondominium SalesONHARD

A status certificate delivered to a buyer omits a $4,000 special assessment that the board levied against the unit after the current budget date to increase the reserve fund. The buyer relied on the certificate and closed. Under the Condominium Act, 1998, what is the result?

Correct Answer

C) It is deemed to state no assessment was levied, binding the corporation against the relying buyer

Section 76(1)(c) requires the certificate to state any assessment levied since the budget date to increase the reserve fund. Under s. 76(4), a certificate that omits required material is deemed to include a statement that there is no such information, and s. 76(6) binds the corporation to that as against a purchaser who relies on it, so the $4,000 cannot be enforced against the buyer.

Answer Options
A
The buyer must pay the assessment, because assessments are registered against the unit's title
B
The certificate is void, so the buyer may rescind the purchase within 10 days after closing
C
It is deemed to state no assessment was levied, binding the corporation against the relying buyer
D
The seller and buyer must split the assessment equally under the usual closing adjustment practice

Why This Is the Correct Answer

Section 76(4) deems the omitted item to be stated as "none", and s. 76(6) binds the corporation to that against a relying purchaser.

Why the Other Options Are Wrong

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Key Terms

status certificateomissionspecial assessmentsection 76
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