CREATIVE LEGAL SOLUTIONS - Old Common Expenses Arrears
From "Common Elements" Winter/Spring 2004

The situation involved a unit several years in arrears of its common expenses. A prior lien which had been registered (very late) was of no force and effect due to improper notice. The dilemma was how to recover over $10,000 of common expense arrears cost effectively.

We were successful in obtaining an Order under the compliance provisions of the Condominium Act, 1998 for payment of all unsecured common expenses, the actual costs of obtaining the judgment, and a declaration that the unit owners were in breach of their duty to pay common expenses. We also succesfully collected all legal costs incurred.

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All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

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