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Condo Lien in Ontario: How Unpaid Fees Lead to a Lien

Behind on condo fees in Ontario? See how a corporation's lien arises, when it is registered, the notice steps, and what can happen to your unit.

Real Estate4 min readTSLBy the Treadstone Law Team · OntarioUpdated November 1, 2026
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Key takeaways
  • When an owner defaults on common expenses, the corporation automatically has a lien against the unit.
  • The lien expires three months after the default unless the corporation registers a Certificate of Lien.
  • If the debt stays unpaid, the corporation can ultimately sue for possession and sell the unit.

Falling behind on condo fees can feel manageable for a month or two. In Ontario, though, the corporation has strong tools to collect, and a lien is the first of them.

This article walks through how a lien arises under the Condominium Act, 1998, the steps that follow, and what it can mean for your unit. Your own situation may differ, so a lawyer can confirm how it applies to you.

How the lien arises

When an owner defaults on common expenses, the corporation automatically has a lien against the unit (Condominium Act, 1998, ss. 85–86). The lien covers the unpaid amount, interest, and all reasonable legal costs and collection expenses.

Common expenses include maintenance of the common elements, reserve fund contributions, and services such as cleaning and management. Each owner's share is a percentage set in the declaration and may vary with unit size. For example, a unit with a 5% share of a $1,000 monthly budget pays $50 a month.

Special assessments and chargebacks are ownership costs separate from regular monthly fees. A condo board can levy a special assessment through common expense fees without owner approval, for reasons such as unforeseen expenses, a major repair that exceeds its budget, and litigation costs. Your share uses the same percentage as your common expense share, and owners must pay it.

A special assessment that goes unpaid also gives the corporation a lien covering the amount, interest and reasonable legal costs.

Other debts that can lead to a lien

A chargeback is a cost billed to one owner, usually because of that owner's act or omission.

Registering the lien

The lien does not last forever on its own. It expires three months after the default unless the corporation registers a Certificate of Lien in the Land Registry Office. If it expires, the corporation loses its priority over other parties with an interest in the unit.

Before registering, the corporation gives the owner a Notice of Lien. If the arrears are not paid within 10 days, it can register the Certificate of Lien. The certificate covers all amounts owed under the lien, including later common expenses, interest, and the legal fees and costs of preparing it.

If you are buying a unit, the status certificate may include any arrears on the unit, and it must be provided within 10 days.

What can happen to your unit

The steps come in order, and each has its own waiting period, as the table shows.

StageWhat happens
Notice of Sale Under LienCan be issued starting 15 days after the Certificate of Lien is registered
Redemption periodThe redemption date is 45 days after the notice is issued, and no further enforcement steps can be taken in that time
Court actionIf you do not pay by then, the corporation can sue for possession in the Ontario Superior Court of Justice
SaleAfter judgment it can sell the unit and recover the lien amounts from the proceeds; any balance must be paid to the former owner within 90 days of the sale

You can pay everything secured by the lien at any point until the unit is sold, and the corporation must then discharge the lien. The amount owed includes arrears, interest, and reasonable legal costs and expenses.

What to do next

How a lien applies to you depends on your declaration, your by-laws and the dates in the notices you receive. These practical steps can help you stay organised.

Frequently asked questions

Does the condo need a court order to get a lien?

No. When an owner defaults on common expenses, the corporation automatically has a lien against the unit. Registering it in the Land Registry Office is what preserves its priority.

How long do I have after a Notice of Lien?

If the arrears are not paid within 10 days, the corporation can register a Certificate of Lien.

Can I lose my unit over unpaid fees?

Yes, in the end. If you do not pay by the redemption date, the corporation can sue for possession and, after judgment, sell the unit. You can pay what the lien secures at any point until the unit is sold.

Can I dispute a lien?

Possibly. A lien tied to an issue within the Condominium Authority Tribunal's jurisdiction, such as nuisance, parking, storage or pets, can be disputed there, while issues such as repairs must go to the Superior Court of Justice.

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.

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