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(b) a claim for taxes, charges, rates or assessments levied or recoverable under the

Municipal Act, 2001,

the

City of Toronto Act, 2006

, the

Education Act

, the

Local

Roads Boards Act

or the

Statute Labour Act

; or

(c) a lien or claim that is prescribed. 1998, c. 19, s. 86 (1); 2002, c. 17, Sched. F, Table;

2006, c. 32, Sched. C, s. 7.

Exception, non-residential lien

(2)

A lien in respect of a unit for non-residential purposes does not have priority under this

section in respect of the amount by which the owner of the unit has defaulted in the obligation to

contribute to the common expenses before the coming into force of this section. 1998, c. 19,

s. 86 (2).

Notice of lien

(3)

The corporation shall, on or before the day a certificate of lien is registered, give

written notice of the lien to every encumbrancer whose encumbrance is registered against the

title of the unit affected by the lien. 1998, c. 19, s. 86 (3).

Service of notice

(4)

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

prepaid mail addressed to the encumbrancer at the encumbrancer’s last known address. 1998,

c. 19, s. 86 (4).

Effect of no notice

(5)

Subject to subsection (6), the lien loses its priority over an encumbrance unless the

corporation gives the required notice to the encumbrancer. 1998, c. 19, s. 86 (5).

Priority if notice late

(6)

If a corporation gives notice of a lien to an encumbrancer after the day the certificate of

lien is registered, the lien shall have priority over the encumbrance to the extent of,

(a) the arrears of common expenses that accrued during the three months before the day

notice is given and that continue to accrue subsequent to that day; and

(b) all interest owing on the arrears and all reasonable legal costs and reasonable expenses

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

of the arrears. 1998, c. 19, s. 86 (6).

Default with respect to leased unit

87. (1)

If an owner who has leased a unit defaults in the owner’s obligation to contribute

to the common expenses, the corporation may, by written notice to the lessee, require the lessee

to pay to the corporation the lesser of the amount of the default and the amount of the rent due

under the lease. 1998, c. 19, s. 87 (1).

Service on lessee

(2)

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

by prepaid mail addressed to the lessee at the address of the unit. 1998, c. 19, s. 87 (2).

Notice to owner

(3)

If the corporation gives a notice to a lessee, it shall give a copy of the notice to the

owner of the unit that the lessee has leased. 1998, c. 19, s. 87 (3).

Service on owner