Problems with Liens

Below are suggestions that would help improve the situations regarding liens.

  1. The necessity to lien a unit in arrears in common element fees before the 3rd month expires should be extended. Condos should be able to recoup all arrears up to 6 months after they started. This would give managers more flexibility. It would also help owners who are under financial strain.
  2. The Act should make it standard that, in all condos, owners who do not do proper maintenance and repairs of their exclusive-use common elements and, as a result, force the corporation to carry these out, should be liened if they refuse to pay. As things stand with Sections 91 and 92 of the Act, the declaration of a condo has priority in this respect and this becomes an object of confusion for all concerned.
  3. It would also make matters easier if a lien could be registered against an owner who does not pay rental fees for lockers, guest suites, and parking spaces that belong to the corporation.
  4. Above all, we have seen in Abuse of Legal Letters and Liens that owners need recourse when unfairly liened. Therefore, the situations that can result in a lien should be more clearly delineated.
  5. One could even suggest that, when an owner is the victim of an improper lien, a simple recourse should exit and the offending lawyer should pay all fees with an appropriate penalty, which would then act as a deterrent.