A Reminder About Reserve Funds and Status Certificates
by James M. Davidson on June 24, 2016
If a condominium corporation is aware of any circumstances that may result in an increase in the common expenses (that is, an increase beyond inflation), this must be disclosed in Paragraph 12 of the status certificates. Therefore, something may need to be mentioned in Paragraph 12 of the status certificates if it appears that contributions to the reserve fund may need to increase (beyond inflation).
Owner's Refusal to Co-Operate With Fireplace Maintenance Requirements - An Expensive Lesson
by Kristen Bailey on June 21, 2016
In the compliance proceeding case MTCC No. 634 v. Adamo, a condominium corporation had asked that fireplace maintenance be completed; however, one owner steadfastly refused to fix the problems with his unit’s fireplace to bring it into compliance. Prior to the court hearing in October, 2015, the owner had finally complied, and the Court was only required to decide the issue of costs.
Another Interesting Court Decision about Condominium Collections
by James M. Davidson on June 14, 2016
There was another interesting case in December last year about the rights of condominium corporations to collect common expenses.
In the case of Trez v. Wynford, a condominium corporation (MTCC 1037) had failed to register liens for collection of certain common expense arrears. The units in arrears were owned by a company that was controlled by two of the directors of the condominium. Those directors also controlled the condominium’s Board, and they apparently decided, on behalf of the condominium corporation, not to register liens against the units that were in arrears.
ACMO CCI-KINGSTON 3rd Annual Conference - DATE POSTPONED
by Blog Editor on June 3, 2016
Nelligan O’Brien Payne is proud to be a Diamond Sponsor of the 3rd Annual ACMO CCI-Kingston Condominium Conference. Please note the event has been postponed. An announcement will be made when a new date is selected.
Corporation Recovers Extensive Costs It Has Incurred to Recover Past Arrears
by Nancy Houle on May 25, 2016
In our blog post from July last year, we reported on a case where a condominium corporation had spent several years in court in its efforts to collect common expense arrears, and the related costs and disbursements. As reported, the various decisions of the Superior Court, and the cost decision following the ultimate trial of the issue, resulted in the following findings: