Potential Canada Post Service Stoppage & Condominium Collections

For many condominium corporations, even the potential lack of mail service creates obstacles and raises questions surrounding the collection of unpaid common expenses. 

For property management companies who issue their own “Form 14s”, consideration must be provided to not only satisfying notice requirements under the Condominium Act, 1998, but satisfying the intent of such notice requirements.

The timelines surrounding the notice requirements are not necessarily impacted by a stoppage in service. However, an alternate method of delivery to a regular mail will need to be considered and embraced.

IF A “FORM 14” IS BEING ISSUED TO A RESIDENT OWNER, consider personal delivery (e.g. hand delivery by a site manager) or courier.

IF A “FORM 14” IS BEING ISSUED TO A NON-RESIDENT OWNER, consider using a courier service.

The “what, when, where, how and who” pertaining to the delivery process should be recorded, particularly when personal service is performed. If couriers are used, this detail is likely satisfied with the information on the courier slip.

Cost is another consideration, particularly when using a courier; however, this cost should be added to the total amount sought under the lien.

In the event that a mail service interruption creates additional obstacles for your other work, our office can take responsibility to issue Form 14 Notices on your behalf.

This month, the deadlines for issuance of Form 14s and registration of Certificates of Lien are July 18, 2016 and July 29, 2016 respectively.  However, particularly given the anticipated change in process, instructions should be received as early as possible.

Contact us at liens@elia.org for more information.

All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

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