top of page
< Back

Save this article  > 

Can Enforcement Costs be Charged Back to Owners?

Josh Milgrom and Sarah Morrey
Publication date:
Article Summary: 

Condominium corporations are responsible for enforcing governing documents against owners. Charging back legal costs to non-compliant owners has been common practice, but a recent case in the Ontario condo industry raises questions about its permissibility without a court order. The case, Amlani v. York Condominium Corporation No. 473, highlights the need to act reasonably and review indemnification provisions in governing documents. The case involved smoke migration issues and the condo corporation's attempt to chargeback legal costs. The Court found the corporation's conduct unreasonable and oppressive, ruling against the chargeback. However, properly worded indemnification provisions and non-oppressive tactics can still allow compliance and enforcement costs to be charged back as common expenses.


Condominium corporations, enforcement, legal costs, chargeback, compliance, indemnification provisions, governing documents, Ontario condo industry, case law, Amlani v. York Condominium Corporation No. 473, smoke migration, governing documents, reasonable conduct, Condominium Act amendments, Condominium Authority Tribunal.

Source Citation: 
Josh Milgrom and Sarah Morrey
Can Enforcement Costs be Charged Back to Owners?
Did you find this article useful? 
Your feedback is important not only to us, but to all the other key players in the condo industry.  Help us by letting us know if this article is relevant and useful.  This will help us prioritize articles that provide helpful guidance to other key players like you. 

Please login to use this feature.

bottom of page