A recent small claims court decision signals the end of condo management firms preparing, registering and discharging condominium liens in-house.
Page v. Maple Ridge Community Management Ltd., 2017 CanLII 21772 began when a unit owner at YCC 34 failed to pay a special assessment in time. YCC 34’s management firm, Maple Ridge, used its in-house paralegal employee to issue Ms. Page a Notice of Lien (Form 14) and, when no payment was made within the 10-day notice period, to register a certificate of lien against the unit.
Ms. Page discovered that the paralegal employee was administratively suspended by the Law Society at the time the lien was registered, presumably for failing to pay annual dues or file obligatory paperwork. Ms. Page paid “under protest” the special assessment arrears of $767 and the management firm’s demanded fees of $141 to issue the Form 14 notice and $678 to prepare, register and discharge the certificate of lien. The management firm’s total charges for the lien work were $819.