Court upholds lien for unit inspection costs

In the case of York Region Standard Condominium Corporation No. 972 v. Lee (2021 and 2025), Kitec plumbing had been discovered in the condominium. The condominium corporation then gave owners two options.  The Court described the two options as follows:

The first was to use the contractors recommended by the Corporation to undertake the work at a set fee to be paid by the unit owner. The second option was to use a qualified contractor of their choosing and pay directly, but an owner taking this option would still be obliged to pay $750 plus HST to the Corporation so that its engineer could inspect and certify that the work was done. The deadline for choosing the option was extended once. The appellants elected the second option but neglected to send a cheque to cover the inspection fee.

In the particular case, the owners chose the second option (namely to arrange for completion of the required work). In 2021, the condominium corporation obtained a Court order authorizing the Corporation to access the unit in order to inspect the work that had been arranged by the owner and, if necessary, to carry out any required repairs, with all related costs to be added to the owner’s common expenses. The Court also ordered that legal costs, awarded to the Corporation, be added to the owner’s common expenses.

The owners refused to pay any of the amounts owed to the condominium corporation and the owners challenged the resulting lien that was registered by the condominium corporation.  

Subject to an adjustment to the amount of the lien, the Courts (including the Ontario Court of Appeal) upheld the lien (in 2025).

This case confirms the right of a condominium corporation to inspect unit repairs and (in certain circumstances) to add the related costs to the owner’s common expenses.

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