The appellant condominium corporation sought to recover common expense arrears from a defaulting unit owner.
Having failed to register a certificate of lien within the statutory three-month period, the appellant lost its priority over the respondent mortgagee.
The appellant applied under s. 134 of the Condominium Act, arguing the unpaid common expenses constituted damages that could be added to the common expenses, thereby reviving its priority lien.
The Court of Appeal dismissed the appeal, holding that classifying unpaid common expenses as damages under s. 134 is contrary to the legislative purpose, scheme, and plain language of the Act, which balances the rights of condominium corporations and mortgagees.
