Enforcing a condominium lien by power of sale
Takes the steps to sell a unit to collect long-unpaid common expenses and legal costs.
What is included
- Reviews the owner's common expense account and the corporation's records
- Prepares the notice to the owner and the certificate of lien
- Registers the lien on title
- Advises on enforcing the lien, including by power of sale, or on defending against one
- Negotiates payment arrangements and discharges
What is not included
- Registration costs, searches and other disbursements
- Engineering work, reserve fund studies or property management services
- Appeals, or tribunal or court steps not covered by the lawyer's written retainer
- Acting for more than one side of the same matter
Who this service is for
- Condominium corporations owed common expenses
- Property managers acting for a corporation
- Owners who received a notice of lien
Information to have ready
- 1The owner's ledger or statement of arrears
- 2The declaration and by-laws
- 3Notices already sent to or received from the corporation
- 4Any dispute or payment plan correspondence
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $300–$550, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Can a corporation really sell a unit for unpaid common expenses?
A registered lien can usually be enforced like a mortgage, including by power of sale, after notice steps. Owners who receive a notice should get advice quickly.
What if the owner disagrees with the amount?
Raise it with the corporation in writing and get advice early. Withholding common expenses during a dispute can lead to a lien, so the lawyer will explain the safer options.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Some changes need owner votes or registration that the lawyer cannot control
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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