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Page Background (4)

The corporation shall give the copy of the notice to the owner 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. 87 (4).

Rent paid to corporation

(5)

Upon receiving a notice under subsection (1), the lessee shall make the required

payment to the corporation even if an encumbrancer of the unit has acquired the right of the

lessor to receive rent under the lease. 1998, c. 19, s. 87 (5).

No default in lease

(6)

The payment to the corporation shall constitute payment towards rent under the lease

and the lessee shall not by reason only of the payment to the corporation be considered to be in

default of an obligation in the lease. 1998, c. 19, s. 87 (6).

Mortgagee’s rights

88. (1)

Every mortgage of a unit shall be deemed to contain a provision that,

(a) the mortgagee has the right to collect the owner’s contribution to the common

expenses and shall promptly pay the amount so collected to the corporation on behalf

of the owner;

(b) the owner’s default in the obligation to contribute to the common expenses constitutes

default under the mortgage;

(c) the mortgagee has the right to pay,

(i) the amounts of the owner’s contribution to the common expenses that from time

to time fall due and are unpaid in respect of the mortgaged premises,

(ii) 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 subclause (i), including, where applicable, the costs of

preparing and registering a certificate of lien and a discharge of it;

(d) payments made by the mortgagee under clause (c), together with interest and all

reasonable costs, charges and expenses incurred in respect of the payments, are to be

added to the debt secured by the mortgage and to be payable, with interest at the rate

payable on the mortgage; and

(e) if after demand the owner fails to fully reimburse the mortgagee, the mortgage

immediately becomes due and payable at the option of the mortgagee. 1998, c. 19,

s. 88 (1).

Statement of common expenses

(2)

A corporation shall, on request and free of charge, provide to the mortgagee of a unit a

written statement setting out the common expenses in respect of the unit and, if there is a default

in the payment of them, the amounts described in subsection 85 (3) in respect of the unit. 1998,

c. 19, s. 88 (2).

R

EPAIR

AND

M

AINTENANCE

Repair after damage

89. (1)

Subject to sections 91 and 123, the corporation shall repair the units and common