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Real Estate

Can the condo corporation put a lien on my unit if I don't pay my fees in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

Yes. The Condominium Act, 1998 gives condominium corporations a powerful collection tool: they can register a lien against your unit for unpaid common expenses, and that lien has priority over most other encumbrances except realty taxes and certain municipal charges. This is a significant right that makes condo corporations very effective at recovering arrears.

The corporation can register the lien after providing you with at least 10 days' written notice of the intention to lien. Once the lien is registered, interest, reasonable legal costs, and collection costs are added to what you owe. If the lien is not paid, the corporation can ultimately proceed to sell your unit — even ahead of your mortgage lender in priority — to recover the amount.

Mortgage lenders are aware of this risk and typically monitor whether their clients' condo fees are paid. Banks may require condo fee default to be remedied as a condition of their mortgage. If you're struggling to pay fees, speaking with a lawyer early is strongly advised.

Key takeaways

  • Corporations can register a lien for unpaid common expenses after 10 days' notice.
  • Condo liens have priority over most other encumbrances, including the mortgage.
  • Costs, interest, and legal fees are added to the lien amount.
  • Unpaid liens can ultimately lead to the forced sale of your unit.
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.
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