TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Real Estate/If I buy a condo unit through…
Real Estate

If I buy a condo unit through power of sale, do I inherit the previous owner's unpaid common expense arrears?

TSL Written by the Treadstone Law team· Updated August 2026

This is a genuine risk worth taking seriously. Under the Condominium Act framework, unpaid common expenses generally create a lien against the unit itself that has priority and can effectively follow the unit rather than simply disappearing when ownership changes hands. Buying through power of sale does not automatically clear this the way it might clear some other financial claims, so unresolved arrears can become a real cost you face as the new owner if they are not addressed at closing.

This is exactly why obtaining and carefully reviewing a status certificate matters just as much, if not more, in a power of sale purchase as it does in an ordinary resale condo purchase - it will show the unit's current standing with the condominium corporation, including any arrears. Because the lender-vendor may have less detailed information readily available than a cooperative individual owner would, do not assume the arrears picture will simply be handled for you without your own confirmation.

Insist on a current status certificate and confirm directly with your lawyer that any outstanding common expense arrears are addressed before you close.

Key takeaways

  • Unpaid common expenses can create a lien against a condo unit that follows the unit itself.
  • Power of sale does not automatically clear this kind of arrears the way it may clear other claims.
  • A current status certificate is essential for confirming the unit's standing before closing.
  • Confirm with your lawyer that arrears are addressed before you complete the purchase.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →