Skip to content
The mail room of a Greater Toronto Area condominium building, a wall of small metal mailboxes under even ceiling light with a tiled floor and an empty corridor beyond.
Costs and closing

What happens if a condo owner does not pay common expenses?

A condominium lien is not an ordinary debt. It attaches to the unit, it outranks a mortgage registered years earlier, and it exists before anything appears on title.

The short answer

The corporation gets a lien against the unit as soon as the owner defaults, covering the unpaid amount with interest and reasonable costs. It expires three months after the default unless a certificate of lien is registered. Robin Patel, a REALTOR® in the Greater Toronto Area, reads the status certificate for this.

Written forBuyers of a condominium unit in the GTA whose status certificate shows arrears, and owners who have fallen behind on common expenses and received a notice from the corporation.

The short version

  • If an owner defaults on common expenses, the corporation has a lien against the unit and its appurtenant common interest, together with interest and reasonable legal costs and expenses.
  • The lien arises on the default itself, before anything is registered against the unit.
  • It expires three months after the default unless the corporation registers a certificate of lien within that time.
  • The corporation must give the owner written notice at least 10 days before registering a certificate of lien.
  • The lien has priority over every registered and unregistered encumbrance even where the encumbrance existed first, apart from the exceptions the Act lists.

The lien exists before anything is registered

This is the part that surprises people, including owners who assume nothing has happened yet because nothing has appeared on title. Where an owner defaults in the obligation to contribute to the common expenses payable for the unit, the Act says the corporation has a lien against the unit and its appurtenant common interest.

The lien covers more than the missed payments. It extends to the unpaid amount together with all interest owing and all reasonable legal costs and reasonable expenses incurred by the corporation in connection with the collection or attempted collection of that amount. Registration is a later step, and it does not create the lien.

Registration is a later step, and it does not create the lien.

The three month clock, and the notice

The Act puts a limit on how long that position can sit unrecorded. The lien expires three months after the default that gave rise to it occurred, unless within that time the corporation registers a certificate of lien in the form prescribed by the Minister.

There is also a warning step built in. At least 10 days before the day a certificate of lien is registered, the corporation must give written notice of the lien to the owner whose unit is affected, and on or before the day of registration it must notify every encumbrancer whose encumbrance is registered against the title of the unit. So a registered lien should never be the first anyone hears of it.

The lien under the Condominium Act, 1998, as consolidated to the current e-Laws currency date
QuestionWhat the Act provides
When does it ariseOn the owner default in the obligation to contribute to common expenses
What does it coverThe unpaid amount, all interest owing, and reasonable legal costs and expenses of collection
How long unregisteredIt expires three months after the default unless a certificate of lien is registered
Notice to the ownerWritten notice at least 10 days before the certificate is registered
Notice to lendersWritten notice to every registered encumbrancer on or before the day of registration
EnforcementThe lien may be enforced in the same manner as a mortgage
DischargeOn payment, the corporation registers a discharge and advises the owner of the particulars

Why it outranks a mortgage

A condominium lien is not just another claim in the queue. The Act gives it priority over every registered and unregistered encumbrance even though the encumbrance existed before the lien arose, which means it can come ahead of a mortgage registered years earlier.

That priority is not unlimited. The Act excepts a claim of the Crown other than by way of a mortgage, a claim for taxes, charges, rates or assessments levied or recoverable under the municipal and education statutes it names, and any lien or claim that is prescribed. But as against an ordinary mortgage lender, the ranking is the striking part, and it explains why corporations and lenders both take these seriously.

What a buyer actually does about it

The status certificate is where this surfaces, and it is the reason the document exists rather than a formality to be collected and filed. Arrears, a lien, or a notice that one is coming are the things to look for, and they belong in front of a lawyer rather than being skimmed by the buyer alone.

The distinction to hold on to is that the lien attaches to the unit. That is what makes a previous owner's unpaid common expenses a question about the property you are buying rather than a private matter between the corporation and someone who is leaving.

This guide explains how the process works in general terms. It is not legal, tax or mortgage advice, and program rules, thresholds and dollar amounts change. Confirm anything that affects your money with your real estate lawyer, your mortgage professional and your accountant before you rely on it.

Written by

Robin PatelSalesperson · The Agency Toronto

Updated

Published

Read in your language

A machine translation, not Robin’s words. For anything that decides money, ask him in Gujarati or Hindi directly.

Common questions

Does a condo lien have to be registered to exist in Ontario?
No. The Act provides that the corporation has a lien when the owner defaults in the obligation to contribute to common expenses. Registration of a certificate of lien is what preserves it beyond the expiry period rather than what creates it.
How long does a condominium lien last if nothing is registered?
The lien expires three months after the default that gave rise to it occurred, unless the corporation registers a certificate of lien in the prescribed form within that time.
Does a condo lien rank ahead of the mortgage on the unit?
The Act gives the lien priority over every registered and unregistered encumbrance even though the encumbrance existed before the lien arose, subject to the exceptions it lists, which include certain Crown claims and claims for taxes and similar charges.
Will unpaid common expenses from the previous owner affect me?
The lien is against the unit and its appurtenant common interest, which is why arrears are a question about the property rather than only about the person who owes them. Have your lawyer review the status certificate and what is registered before you close.
Next step

Bring the questions this raised.

Every guide ends somewhere that only applies to your situation. Robin will go through that part with you directly, in Gujarati, Hindi or English, before you are committed to anything.