Real Estate

Surprise outstanding condo common expenses

  • Last Updated:
  • Jun 4th, 2021 8:09 am
[OP]
Newbie
Jul 8, 2018
64 posts
53 upvotes
GTA

Surprise outstanding condo common expenses

Recently, I received a letter from my condo management company stating that there was a historical unpaid month's common expenses for my unit. I paid the amount, and since the outstanding month pertained to the month immediately before I purchased the unit, I requested my lawyer bill the previous owner for the amount.

The previous owner provided bank statements that strongly suggest they already paid the common expenses for the month in question. After seeing that, I went back and checked the status certificate issued before I purchased the unit, and it stated clearly that there were no outstanding fees before I bought it.

I've asked condo management to explain the discrepancy multiple times, and keep getting the run-around and dismissive answers stating that there was an unpaid amount and that the payment I made wasn't a duplicate.

Now, the previous owner won't reimburse me, the lawyer won't file a title insurance claim, and condo management refuses to admit they double-billed me.

Does anyone have any advice on what I should do? It's only a few hundred dollars but it's very annoying that I'm being ripped off by the condo and it seems impossible for me to be able to prove that there was never an outstanding amount.
8 replies
Jr. Member
Jan 16, 2021
102 posts
31 upvotes
Go to the manager's superior at the company or condo board as the manager clearly won't admit wrong based on your story.

Keep in mind this will burn bridge for sure.
Deal Addict
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Apr 12, 2013
2122 posts
1003 upvotes
Moon
Did your lawyer buy you title insurance?
Koodo, Public Mobile, Lucky Mobile Customer
Deal Addict
Dec 7, 2011
2409 posts
817 upvotes
Whitehorse
SargeJ wrote: Go to the manager's superior at the company or condo board as the manager clearly won't admit wrong based on your story.

Keep in mind this will burn bridge for sure.
I'm a condo director. Wouldn't burn a bridge with me. I'd go down to the management company's office together with my neighbour and ask to see the books. Eiher the management company issued an incorrect certificate, then they have to eat the cost. Or they have an issue with their books, then they have to fix it and refund the payment. Or my neighbour misunderstands something. I don't see a fourth option.
[OP]
Newbie
Jul 8, 2018
64 posts
53 upvotes
GTA
kangarooz wrote: Did your lawyer buy you title insurance?
Yes.
licenced wrote: Maybe you should send them sec. 76 of the Condominium Act and suggest they acquaint themselves with it.

And if that doesn'r do the job you can always exercise this option:
https://www.condoauthorityontario.ca/tribunal/
You're referring to section 76 (6), right?:

Effect of certificate
(6) The status certificate binds the corporation, as of the date it is given or deemed to have been given, with respect to the information that it contains or is deemed to contain, as against a purchaser or mortgagee of a unit who relies on the certificate. 1998, c. 19, s. 76 (6).


Seems to be useful info. Thanks.
Deal Fanatic
Jul 3, 2011
5899 posts
3054 upvotes
Thornhill
Yes.
KyleTO wrote: Yes.



You're referring to section 76 (6), right?:

Effect of certificate
(6) The status certificate binds the corporation, as of the date it is given or deemed to have been given, with respect to the information that it contains or is deemed to contain, as against a purchaser or mortgagee of a unit who relies on the certificate. 1998, c. 19, s. 76 (6).


Seems to be useful info. Thanks.
Deal Addict
User avatar
Apr 12, 2013
2122 posts
1003 upvotes
Moon
If you have title insurance you dont have worry worse case you can go through them
Koodo, Public Mobile, Lucky Mobile Customer
Deal Addict
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Nov 2, 2002
1865 posts
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Toronto
Your lawyer should have reviewed the status certificate and it would state if there are any outstanding debt for fees on the unit. If he missed it, it’s on your lawyer. If it was not reported on the status certificate, it’s on the property manager. Either way, it’s between your lawyer and the property manager. You paid a lawyer a fee at time of a purchase to check these things for you. If your lawyer won’t help file a complaint with the law society or take the matter to small claims court (if the amount is small and you have time).
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