What the Condo Authority Tribunal Decides in Ontario

When you disagree with your condo corporation, the first question is where the dispute belongs. Ontario has a specialized body, the Condominium Authority Tribunal, but it does not hear everything.

This article explains the issues it covers, the ones that go to court, and how to get ready.

Issues within the Tribunal's jurisdiction

Examples of issues within the Condominium Authority Tribunal's jurisdiction are nuisance (noise, smoke, odour), parking, storage, pets, records and settlement compliance.

• Noise, smoke or odour from a neighbouring unit.
• A parking or storage dispute.
• A pet dispute.
• A dispute over access to corporation records.
• A failure to follow a settlement reached earlier.

What must go to court

A lien tied to an issue outside the Tribunal's jurisdiction, such as repairs, must go to the Superior Court of Justice. Collection by sale is also a court process: if an owner does not pay by the redemption date, the corporation can sue for possession in the Ontario Superior Court of Justice.

If your dispute mixes several issues, which forum applies depends on the facts, and a lawyer can help you sort it out.

Liens and the Tribunal

A lien tied to an issue within the Tribunal's jurisdiction can be disputed at the Tribunal, while liens tied to issues outside it must go to the Superior Court of Justice.

When an owner defaults on common expenses, the corporation automatically has a lien against the unit, covering the unpaid amount, interest, and all reasonable legal costs and collection expenses. That lien expires three months after the default unless the corporation registers a Certificate of Lien in the Land Registry Office, and if it expires the corporation loses its priority over other parties with an interest in the unit.

Knowing the lien steps helps you see where time limits matter. The corporation gives a Notice of Lien, and if arrears are not paid within 10 days it can register a Certificate of Lien. Starting 15 days after registration it can issue a Notice of Sale Under Lien with a redemption date 45 days after it is issued.

You can pay everything secured by the lien at any point until the unit is sold, and the corporation must then discharge the lien. Ontario has passed changes that would exclude lien disputes from the Tribunal, but these are not in force yet, so confirm the current rules.

Charges that can lead to a lien

Not every lien comes from regular monthly fees. Special assessments and chargebacks are ownership costs separate from regular fees, and a chargeback is a cost the corporation bills to one owner, usually because of that owner's act or omission.

• A 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.
• An owner's share of a special assessment uses the same percentage as their common expense share, and owners must pay it.
• An unpaid special assessment gives the corporation a lien against the unit.
• If an owner cannot pay chargebacks added to their condo fees and no solution is reached, the corporation automatically has a lien against the unit for that debt.
• A corporation can also get a lien when an owner, after due notice, fails to carry out necessary maintenance and repairs.

There is an exception for buyers. In a court decision the Condominium Authority of Ontario describes, a buyer was exempt from their share of a special assessment because the corporation's status certificate had not clearly disclosed that assessments might be levied. Whether that could help you depends on your situation, so it is worth confirming with a lawyer.

Preparing your case

Start with the documents that govern your building. The Condo Act comes first, then the declaration, then the by-laws, then the rules, and the Act takes priority in a conflict. Rules can be made by the board after notifying owners.

If the dispute involves money, a status certificate can be useful. It must be provided within 10 days, and whatever it includes or leaves out binds the corporation.

• Identify exactly which rule, by-law or declaration provision is in dispute.
• Collect emails, notices, photos, dates and invoices.
• Write a short timeline of events.
• Note any earlier settlement and whether it was followed.
• Check that your common expenses are up to date.

What to do next

Decide what outcome you want, then match the issue to the right forum. Procedures, steps and deadlines at the Tribunal are best confirmed with the Condominium Authority of Ontario or a lawyer before you file. If a lien, a possession claim or a repair dispute is involved, get advice early because the cost of waiting can grow.

Frequently asked questions