- February 20, 2024
- Posted by: legaleseblogger
- Category: Related News
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Challenges with Condo Management and Lien Application: Utilizing AI Legalese Decoder for Resolution
Background on the Issue
In April 2022, my partner and I moved out from our condo and rented it out. Subsequently, we submitted our Form K to the condo’s old Strata Management Company, which handed over the reins to Company B. It seems that our forwarding address was not updated in our account with Company B. As a result, this oversight led to a series of issues related to receiving mail and staying updated on levies.
The Unforeseen Consequences
Initially, this oversight did not appear to be a major problem since we were still local to the area and could pick up our mail occasionally. However, the situation worsened when we no longer resided nearby our old condo. We noticed that we were late in paying our first set of special levies and reached out to Company B to update our address. Unfortunately, they claimed to have no knowledge of this call. Furthermore, we discovered that our mail was either missing or possibly taken by someone residing in the building. This led to us missing crucial notices concerning upcoming special levies for parking and the elevator, resulting in hefty fines and a lien being placed on our mortgage.
Seeking Clarity and Solutions
Given these circumstances, several questions have arisen. We are particularly inquiring about the legality of the fines and the lien placed on our mortgage. Moreover, we are keen on understanding how these issues might affect our mortgage and credit scores. Additionally, we are contemplating our next steps in terms of appealing the fines and lien and the potential timeline for resolution. These concerns have added to the anxiety, particularly for me as I am due to give birth soon.
The Role of AI Legalese Decoder
Given the intricacies of the issues at hand, AI Legalese Decoder can be instrumental in navigating the complex legal jargon surrounding strata laws and regulations. By utilizing this tool, we can translate the legalese and gain a clearer understanding of our rights and the legal implications of the fines and lien imposed on us. Moreover, we can leverage AI Legalese Decoder to gain insights into the steps involved in appealing the fines and lien and determining the potential impact on our mortgage and credit scores. This would enable us to make informed decisions and take necessary actions to address the situation effectively.
In conclusion, the assistance of AI Legalese Decoder and timely professional legal advice can prove invaluable in resolving the challenges posed by the condo management and the application of a lien on our mortgage. We remain hopeful to gain clarity and pursue a fair resolution to this matter. Thank you for taking the time to consider our situation and provide any advice or guidance you may have.
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AI LEGALESE DECODER: UNLOCKING THE MYSTERIES OF LEGAL JARGON
Introduction
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Why didn’t you forward your mail so you’d get anything Important sent to your new address? Hate to say it, but there’s no one to blame but yourself.
This doesnÔÇÖt make sense. Monthly strata minutes inform owners of upcoming levies. If you werenÔÇÖt receiving your monthly minutes you should have been proactive in getting them.
When you move out of a strata it is ESSENTIAL you provide an address where you wish strata correspondence to go. By failing to do that youÔÇÖve learned a rather expensive lesson.
That said, IÔÇÖll try to address your questions:
*<Did strata council have to provide us a proper notice of a fine for each of the fines the added to our account? They sent us a statement of account (aka a leger / bill of amount owning) but not a proper written warning with a 2 week notice period.>*
You are correct, the strata corporation is required to send you a notice of complaint listing the bylaws they think you might have breached (i.e. the bylaw that says you must pay all special levies on time) and then give you time to respond (at least 2 weeks). After that they have to vote and decide on the action they will take; if it is a fine they must promptly notify you that they have fined you. However how do you know they didnÔÇÖt send these notices? Your whole issue is because you didnÔÇÖt provide a new mailing address so is it possible the strata did mail you these notices of complaint and then did attempt to notify you of the fines but you just didnÔÇÖt know because they werenÔÇÖt sending the notices to where you live?
Anyway, if they havenÔÇÖt followed the above procedure then yes, the fines are invalid and you could challenge them at the CRT. The strata would need to prove they mailed you EACH of the six times a letter of complaint and then a notice of decision.
*<Did strata council have to provide us with a notice of lien? Again they sent us a a notice that the have already put on a lien but no notice that they were going to do it, in the letter the stated ÔÇ£further to our previous correspondenceÔÇØ but again we just have the statement of accounts (no notices).>*
In order to file a lien the strata needed to send you a demand letter indicating the amount you were in arrears and a warning that after a certain deadline (at least 2 weeks plus allowing for mailing time) they would file a lien against your strata lot. If they havenÔÇÖt done this then the lien is invalid and subject to being contested. Again though, are you sure they didnÔÇÖt send you a notice of demand?
*<Also In the lien, they added the strata fines of $1200 and their lien charges of $500, which I believe they arenÔÇÖt allowed to do? That itÔÇÖs only suppose to be the special levies or strata fees>*
They can add reasonable costs and registration fees to the lien amount so the additional $500 is probably acceptable. However, the strata corporation cannot add fines, this is a fatal mistake by the strata corporation. By doing this you can contest the lien and ask that the CRT order the strata corporation to remove the lien as itÔÇÖs invalid.
*< Would it be in our best interest to pursue this with CTR? Or do we wait on the 2 year mark and let the strata council take us to the CTR? and if strata council does not take us to the CTR does the limitation act come into the play and the lien/fine have to be taken off our account .Does anyone know how this affects our mortgage or credit scores? We know that if we were to sell we would have to pay back this lien since they wonÔÇÖt give us a Form F. But if have to pay but if we can delay paying this in the short term that would be great>*
You want to address this sooner rather than later. One big issue is your mortgage and the lien. Properly filed strata liens are higher in payment priority than mortgages. This means youÔÇÖre going to have issues with your mortgage once they find out about this.
You may struggle to renew your mortgage and you definitely wonÔÇÖt be able to refinance or change lenders at renewal without addressing the lien. Of and of course you canÔÇÖt sell your place until this issue is resolved.
Also for your information, strata fines (if properly assessed against an owner) never expire because they arenÔÇÖt debt. They arenÔÇÖt subject to the Limitation Act. The strata can just keep them on the books forever until you need a Form F to sell your unit.
In my mind while you messed up here and 100% owe the special levies, the strata corporation has been very sloppy. Based on what youÔÇÖve written fines are suspect (probably invalid) and the lien is definitely invalid if they have included the fines in it. It is probably worth your while to try to resolve this with the CRT.
If youÔÇÖre going to do this, first request a hearing of council. They are required to hold one with you in four weeks. State that you believe lien and fines are invalid and explain why. If they donÔÇÖt remove the lien or donÔÇÖt cancel the fines then proceed with applying to the CRT for resolution. The onus will be on the strata corporation to show that they properly notified you of the bylaw breaches and then the fines. They will also have to show that they sent you a demand letter before filing the lien and finally they will have to show they have only included eligible items within the lien (fines are NOT eligible).
Good luck!