TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Licensed by the Law Society of OntarioFlat fees published upfrontWe reply to messages within 1 business daySign in
Home/Articles/Real Estate
№ 22 Real Estate

Condo Chargebacks in Ontario: When the Corporation Bills You for Repairs

Got a condo chargeback for damage or repairs? Learn when a corporation can add it to your fees, when a lien can follow, and where disputes are heard.

Real Estate4 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
← All articles
Key takeaways
  • A chargeback lets a condo corporation bill an owner through condo fees when costs result from something the owner did or did not do.
  • The Act lists specific situations for chargebacks, and compliance-related costs such as legal letter fees need permission from the CAT or the courts.
  • Unpaid amounts can lead to a lien, and a repair-related lien must be disputed in court, not at the Condominium Authority Tribunal.
  • If you have arrears, contacting the corporation early matters because a payment plan may be possible.

You open a notice from your condo corporation and find a bill for a repair, say after water damage that started in your unit. The corporation says it will add the amount to your monthly fees. You are left wondering whether it can really do that, and whether it can register a lien against your unit if you do not pay.

This article explains how chargebacks generally work in Ontario condos, which situations the Condo Act lists, what a lien involves, and where disputes go. It is general information. The exact answer in your case depends on the declaration, the notices you received and the facts, so a lawyer can confirm your position.

What a chargeback is

A chargeback lets a corporation charge costs back to an owner through condo fees when those costs result from something the owner did or did not do. Condo fees are the shared financial obligation of all owners and cover things like maintaining common elements and reserve fund contributions. A chargeback is different: it is a cost aimed at one owner rather than spread across everyone.

An unpaid chargeback can be a real worry for owners. That is why owners worry about liens, which are covered below.

Situations the Condo Act lists

The CAO explains that the Act lists specific situations where a chargeback is allowed. The sections below come from CAO guidance, so confirm the wording in the Act itself.

SituationSectionWhat it covers
Owner required to do work but does nots. 92A listed chargeback situation
Damages. 105(2)The lesser of the repair cost or the corporation's insurance deductible
Occupancys. 57(4)A listed chargeback situation
Common element changess. 98A listed chargeback situation

For damage, the amount is capped at the lesser of the repair cost or the corporation's insurance deductible. If your bill for damage looks higher than either figure, ask for a breakdown.

Costs the corporation cannot simply add on

A corporation cannot charge back compliance-related costs, such as legal letter fees, without permission from the Condominium Authority Tribunal (CAT) or the courts. A section 134 Superior Court order is the route for enforcement costs.

So if your bill includes a line for a lawyer's letter, it is fair to ask what authority the corporation relies on. Whether a particular charge is valid depends on the facts and the declaration.

How a lien can follow

A lien can arise from arrears on monthly condo fees. It can also arise when an owner, after due notice, fails to complete required maintenance and repairs. If an owner does not pay condo fees, the corporation automatically has a lien on the unit, covering the unpaid amount, interest and reasonable legal costs.

There are timing steps. The corporation must give written notice of lien at least 10 days before registering a Certificate of Lien, and must register it within three months of the default or the lien expires. These details come from the CAO summary, so a lawyer can confirm how they apply to your situation.

Where disputes are heard

You can dispute a chargeback at the CAT only if the underlying issue is already within the CAT's jurisdiction, for example a parking chargeback. Chargebacks for repairs and damage go to mediation, arbitration or the Superior Court. The CAT cannot hear financial or budget disputes, repair and maintenance disputes, or changes to the common elements.

The CAO also says that if a corporation charges an owner for repairs, the owner does not pay and a lien follows, the owner must dispute the lien in court. That makes early advice worth considering before the amount grows.

What to do next

Act early. Owners with arrears are advised to contact the corporation promptly, as a payment plan may be possible.

Frequently asked questions

Can the condo add a repair bill to my monthly fees?

A chargeback lets a corporation charge costs back through condo fees when they result from something the owner did or did not do. It must fit a situation the Act lists, such as s. 92 or s. 105(2). Whether your bill qualifies depends on the facts.

How much can I be charged for damage?

For damage under s. 105(2), the chargeback is the lesser of the repair cost or the corporation's insurance deductible. Ask for the repair invoice and the deductible amount to compare.

Can I take a repair chargeback to the Condominium Authority Tribunal?

Generally no. Repair and damage chargebacks go to mediation, arbitration or the Superior Court. The CAT cannot hear repair and maintenance disputes.

Can the corporation charge me for its lawyer's letters?

Not without permission from the CAT or the courts. A section 134 Superior Court order is the route for enforcement costs. A lawyer can review the specific charge.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

This is a real estate question

Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.

ContactStart a File →