Acts and Regulations

C-16.05 - Condominium Property Act

Section 46
Disposition versions

Full text
Common expenses - lien
46(1)If an owner defaults in his or her obligation to pay to a corporation an amount the corporation has a right to recover under subsection 37(5), the corporation has a lien against the unit and common interest of that owner for the unpaid amount together with the interest owing and the reasonable legal costs and reasonable expenses incurred by the corporation in connection with the collection or attempted collection of the unpaid amount.
46(2)A lien under subsection (1) expires 90 days after the default that gave rise to the lien occurred, unless the corporation registers the lien in accordance with this section.
46(3)A lien under subsection (1) is not a charge against the unit and the common interest of a unit until it is registered.
46(4)Subject to any other Act, a lien under subsection (1) is payable in priority to a registered or unregistered encumbrance in respect of the unit and the common interest.
46(5)A corporation shall give written notice of a lien under subsection (1) to the owner whose unit is affected by the lien at least 10 days before the day a notice of lien will be registered.
46(6)Written notice under subsection (5) may be given by personal service, registered mail or substituted service as may be prescribed by the regulations.
46(7)A corporation shall register a notice of the lien in the prescribed form under the Land Titles Act or the Registry Act, as the case may be, against any unit to which the lien applies and shall then serve the owner of the unit with a copy of the lien and recording particulars.
46(8)On or before the day a notice of lien is registered under subsection (7), a corporation shall give written notice to the persons with registered encumbrances in respect of the unit and the common interest subject to the lien.
46(9)Written notice under subsection (8) may be given by personal service, registered mail or substituted service as may be prescribed by the regulations.
46(10)A lien under subsection (1) may be enforced in the same manner as a mortgage.
46(11)A person who has a registered encumbrance against a unit and the common interest that is subject to a lien under subsection (1) may, at any time after that lien arises,
(a) pay to the corporation the amount of the lien, and
(b) add the amount paid to that person’s mortgage, judgment or other security.
46(12)A person who makes a payment under subsection (11) shall have the same rights, remedies and privileges against the unit and the common interest as the person has by virtue of or under the security held by that person.
46(13)On payment of the unpaid amount of an owner’s obligation, a corporation shall give the owner a discharge of lien in the prescribed form.
46(14)A corporation shall register a discharge of lien in the prescribed form under the Land Titles Act or Registry Act, as the case may be, on the satisfaction of the lien.
Common expenses - lien
46(1)If an owner defaults in his or her obligation to pay to a corporation an amount the corporation has a right to recover under subsection 37(5), the corporation has a lien against the unit and common interest of that owner for the unpaid amount together with the interest owing and the reasonable legal costs and reasonable expenses incurred by the corporation in connection with the collection or attempted collection of the unpaid amount.
46(2)A lien under subsection (1) expires 90 days after the default that gave rise to the lien occurred, unless the corporation registers the lien in accordance with this section.
46(3)A lien under subsection (1) is not a charge against the unit and the common interest of a unit until it is registered.
46(4)Subject to any other Act, a lien under subsection (1) is payable in priority to a registered or unregistered encumbrance in respect of the unit and the common interest.
46(5)A corporation shall give written notice of a lien under subsection (1) to the owner whose unit is affected by the lien at least 10 days before the day a notice of lien will be registered.
46(6)Written notice under subsection (5) may be given by personal service, registered mail or substituted service as may be prescribed by the regulations.
46(7)A corporation shall register a notice of the lien in the prescribed form under the Land Titles Act or the Registry Act, as the case may be, against any unit to which the lien applies and shall then serve the owner of the unit with a copy of the lien and recording particulars.
46(8)On or before the day a notice of lien is registered under subsection (7), a corporation shall give written notice to the persons with registered encumbrances in respect of the unit and the common interest subject to the lien.
46(9)Written notice under subsection (8) may be given by personal service, registered mail or substituted service as may be prescribed by the regulations.
46(10)A lien under subsection (1) may be enforced in the same manner as a mortgage.
46(11)A person who has a registered encumbrance against a unit and the common interest that is subject to a lien under subsection (1) may, at any time after that lien arises,
(a) pay to the corporation the amount of the lien, and
(b) add the amount paid to that person’s mortgage, judgment or other security.
46(12)A person who makes a payment under subsection (11) shall have the same rights, remedies and privileges against the unit and the common interest as the person has by virtue of or under the security held by that person.
46(13)On payment of the unpaid amount of an owner’s obligation, a corporation shall give the owner a discharge of lien in the prescribed form.
46(14)A corporation shall register a discharge of lien in the prescribed form under the Land Titles Act or Registry Act, as the case may be, on the satisfaction of the lien.