(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 default85. (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).
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 lien86. (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;