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LIEN PROCEDURE

This is the current lien procedure for May Tower II Unit Owners

"We" in the sentences below means the head office of ComField Management Services Inc.

  • 8th day following first arrear
    we send reminder notice to unit owner
  • 38th day following first arrear
    we send 2nd reminder notice (more stern notice)
  • 45-50th following first arrear
    we send the Form 14 (Pre Lien Notice)
    - basically giving owner 10 days to pay or be subject to lien
    - Owner is charged $100 plus GST for this notice
  • 75th day following first arrear
    we issue lien instruction to lawyer to lien the unit
  • 85th day
    lawyer liens the unit.
    Owner is responsible for full cost of legal fees (approx $1000).

After 45-50 days, if payment is still not received, the Form 14 pre-lien notice is forwarded and the unit account is charged $100 plus GST. This notice allows the owner ten (10) days to bring their account into good standing.

If payment is not received by the date specified in the ten-day notice, a subsearch is conducted against the unit and a Condominium Lien is registered against the unit in accordance with the Condominium Act.

A unit can be liened at any time during the ninety-day period of the arrears. If a lien is not placed within the ninety days, the condominium corporation effectively loses its right to register a lien and cannot protect its debt in this manner. A Condominium Lien can be registered at any time during this ninety-day period, provided a pre-lien Section 14 Notice is forwarded to the owner.

NOTE: The owners may also be subject to any NSF fees but that is treated separately from collection procedures.