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ARTICLE · 17 MAY 2018

Sharing Of Expenses Disputes In Condominium Projects - Part II

This means that the corporation can sell or foreclose upon the owner's title.

CanadaPrivacy

In the writer's immediately preceding paper on this topic, he dealt with the matter of the determination of "lienable" claims which a corporation may have against a unit owner and the allocation of the aggregate of such claims, to the unit owners. A Saskatchewan case from March of 2017 (2017 SKQB 82, the "Albony Case") and an Alberta case from January of 2017 (2017 ABQB 38, the "Manor Case") were discussed, in light, respectively, of the Alberta and Saskatchewan Condominium Acts (and their Regulations).

But what about the situation in Manitoba?

The primary rules for determining what are - and what are not - amounts and claims owed to a Manitoba condominium corporation for which the corporation is entitled to exercise a lien against a unit owner's condominium unit and such owner's interest in the common property, are determined by what's in The Condominium Act (Manitoba) (the "MCA"). These rules are as follows:

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