Whose Notice is it Anyway?
The Condominium Act, 1998 provides that an owner is entitled to notice when a condominium corporation takes action to perfect and enforce a lien, however, the recent decision in Mei Ki Ching v Carleton Condominium Corporation No. 203 demonstrates that a spouse that is not a registered owner of a unit may be entitled to the same notice. Facts
- McIntosh (the “Owner”) is the sole registered owner of a unit within the condominium plan (the “Unit”);
- Ching (the “Spouse”) is not a registered owner of the Unit;
- The Unit was the matrimonial home of the Owner and Spouse;
- The Owner and Spouse separated in July of 2014;
- The Owner continued to occupy the unit after separation;
- In May of 2015, the Spouse registered a designation that the unit was the matrimonial home (the “DMH”);
- The DMH contained the Spouse’s name and current address;
- In March of 2017 the Owner defaulted in the Owner’s contributions to the common expenses of the condominium corporation;
- In March of 2017 the condominium corporation began taking steps to perfect and enforce its lien in accordance with the Condominium Act, 1998;
- The condominium corporation eventually takes possession of the Unit; and
- After the condominium corporation took possession of the Unit the Spouse obtained an order granting her exclusive possession of the Unit and vesting the Unit in her name.