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(c) the declaration, by-laws or rules restrict the owner from using the common elements or

part of them. 1998, c. 19, s. 84 (3).

Lien upon default

85. (1)

If an owner defaults in the obligation to contribute to the common expenses, the

corporation has a lien against the owner’s unit and its appurtenant common interest for the

unpaid amount together with all interest owing and all reasonable legal costs and reasonable

expenses incurred by the corporation in connection with the collection or attempted collection of

the unpaid amount. 1998, c. 19, s. 85 (1).

Expiration of lien

(2)

The lien expires three months after the default that gave rise to the lien occurred unless

the corporation within that time registers a certificate of lien in a form prescribed by the Minister.

1998, c. 19, s. 85 (2).

Certificate of lien

(3)

A certificate of lien when registered covers,

(a) the amount owing under all of the corporation’s liens against the owner’s unit that

have not expired at the time of registration of the certificate;

(b) the amount by which the owner defaults in the obligation to contribute to the common

expenses after the registration of the certificate; and

(c) all interest owing and all reasonable legal costs and reasonable expenses that the

corporation incurs in connection with the collection or attempted collection of the

amounts described in clauses (a) and (b), including the costs of preparing and

registering the certificate of lien and a discharge of it. 1998, c. 19, s. 85 (3).

Notice to owner

(4)

At least 10 days before the day a certificate of lien is registered, the corporation shall

give written notice of the lien to the owner whose unit is affected by the lien. 1998, c. 19,

s. 85 (4).

Service of notice

(5)

The corporation shall give the notice by personal service or by sending it by prepaid

mail addressed to the owner at the address for service that appears in the record of the

corporation maintained under subsection 47 (2). 1998, c. 19, s. 85 (5).

Lien enforcement

(6)

The lien may be enforced in the same manner as a mortgage. 1998, c. 19, s. 85 (6).

Discharge of lien

(7)

Upon payment of the amounts described in subsection (3), the corporation shall prepare

and register a discharge of the certificate of lien in the form prescribed by the Minister and shall

advise the owner in writing of the particulars of the registration. 1998, c. 19, s. 85 (7).

Priority of lien

86. (1)

Subject to subsection (2), a lien mentioned in subsection 85 (1) has priority over

every registered and unregistered encumbrance even though the encumbrance existed before the

lien arose but does not have priority over,

(a) a claim of the Crown other than by way of a mortgage;