top of page
< Back

Save this article  > 

Pot of Gold (Chargebacks) – Pre and Post Amlani

Maria Durdan, Richard Elia
Publication date:
June 22, 2022
Article Summary: 

The Amlani v. YCC 473 case brought attention to the issue of condominium corporations recovering legal compliance costs through indemnification provisions in their Declarations. The court's ruling emphasized the importance of seeking cost-effective solutions before resorting to litigation and criticized the condominium corporation's actions as not acting in good faith. Subsequent cases and decisions have caused confusion over the use of indemnity clauses to recover costs through condominium liens. To avoid disputes, condominium corporations should seek legal opinions on chargebacks, review their Declarations for indemnity language, and consider augmenting indemnity provisions to cover specific costs. Best practices include sending preliminary letters outlining chargebacks, providing details in demand letters, avoiding payment plans, and maintaining a healthy operating surplus.


Amlani v. YCC 473, condominium corporations, compliance costs, indemnification provisions, chargebacks, condominium liens, legal opinions, Declarations, best practices, litigation, condominium management.

Source Citation: 
Maria Durdan, Richard Elia
Pot of Gold (Chargebacks) – Pre and Post Amlani
June 22, 2022
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