Common expenses are a lifeline for condominiums. In order for a condominium to be properly operated and maintained, it needs the funds generated by the common expenses to be paid on a timely basis by all owners in accordance with their share of common expenses as set out in the declaration. The following cases dealt with situations where this did not happen.
The condominium industry has experienced its share of changes over the past few years, however, there is one more piece of legislation that the condominium industry needs to prepare itself for. As of July 1, 2018, the first wave of amendments to the Construction Lien Act (now called the Construct ion Act ) came into force , which will affect all condominium corporations where a person supplies services or materials to an “improvement” to the common elements of a condominium corporation.
In a recent case, Omotayo v. Da Costa, the Ontario Superior Court of Justice considered whether a condominium corporation was responsible to prevent an assault at a board meeting by one participant against another participant.