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ARTICLE · 22 FEBRUARY 2021

Mortgagees In Possession: Considerations For Condominium Corporations

Miller Thomson
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Condominium corporations are tasked with the difficult responsibility of managing the property and assets of the corporation on behalf of the various condominium owners and balancing

CanadaReal Estate and Construction
Katherine Cavan (Articling Student)
Katherine Cavan (Articling Student)
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Condominium corporations are tasked with the difficult responsibility of managing the property and assets of the corporation on behalf of the various condominium owners and balancing the competing interests and needs of such owners.

What happens in the scenario where a unit owner is in default of the mortgage registered against their condominium unit, and the responsible mortgagee reaches out to seek assistance from the condominium corporation in enforcing its rights, be it by requesting that the condominium corporation grant the mortgagee access to the unit, bar the registered unit owner from further accessing the unit, or otherwise?

What duty, if any, does the condominium corporation owe to such a mortgagee, and how can any such duty be balanced against the competing interests of the defaulting unit owner?

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