Bill 95 explained in plain English
Condominium Amendment Act (Recovery of Common Expenses), 2012
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 40th Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill 95 amends the Condominium Act, 1998, to make mortgagees liable for unpaid common expenses and related costs when a unit owner defaults.
This bill, the Condominium Amendment Act (Recovery of Common Expenses), 2012, amends the Condominium Act, 1998. It changes the rules about how condominium corporations can recover unpaid common expenses. The main change is that if a unit owner fails to pay their share of common expenses, the person or entity holding a mortgage on that unit (the mortgagee) becomes responsible for paying the unpaid amounts, plus related interest and collection costs. The bill also states that the mortgage is considered in default if the owner fails to pay these expenses, and that these unpaid expenses plus costs will be added to the mortgage debt. This change will apply to all mortgages on condominium units.
- Amends the Condominium Act, 1998.
- Makes a unit's mortgagee liable for unpaid common expenses and associated costs if the unit owner defaults.
- Establishes that a unit owner's default in paying common expenses constitutes a default under their mortgage.
- Requires that payments made by a mortgagee for unpaid common expenses be added to the mortgage debt.
- Gives condominium corporations the right to request a statement of common expenses from a unit's mortgagee.
- Specifies that these changes apply to the first priority mortgage on a unit if there are multiple mortgages.
- Condominium unit owners
- Mortgagees of condominium units
- Condominium corporations
- Mortgagees have a duty to pay unpaid common expenses and related costs for a unit if the owner defaults.
- Mortgages are deemed to include provisions where the mortgagee can collect owner contributions, that owner default on common expenses is mortgage default, and that mortgagee payments are added to the mortgage debt.
- Condominium corporations must provide a statement of common expenses to a unit's mortgagee upon request and free of charge.
- The Act comes into force four months after receiving Royal Assent.
- Mortgagees may be required to pay unpaid common expenses, interest, and reasonable legal costs and expenses incurred by the corporation.
- These payments made by the mortgagee will be added to the mortgage debt, payable with interest at the mortgage rate.
- If an owner fails to reimburse the mortgagee after demand, the mortgage becomes immediately due and payable at the mortgagee's option.
- The bill specifies that if a unit has more than one mortgage, the new provisions only apply to the mortgagee who has priority.
- The bill does not specify the exact amount of 'reasonable legal costs and reasonable expenses' that a mortgagee may be liable for.
Section 88 of the Condominium Act, 1998, is repealed and replaced with new provisions that establish the liability of a mortgagee for unpaid common expenses and related costs incurred by the condominium corporation. It also sets out the rights and obligations of mortgagees and owners in relation to these expenses.
Source: Section 1
The bill amends the Condominium Act, 1998, with respect to the recovery of common expenses.
Source: Bill Title and Explanatory Note
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
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Vote Summary
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
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