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focused dispute over a chargeback, and ing legal fees paid by the corporation to a. Set a fixed and predictable way for
finally provide a quick, easy and econom- secure compliance. condo corporations to post charge-
ical resolution of any disputes through backs to units, notify the owners of
the Condominium Authority Tribunal How CAT can handle chargeback the amounts, reasons and support-
(“CAT”). See below for how CAT could disputes effectively using its ing documentation in a certain fixed
handle chargeback disputes effectively. established negotiation, mediation way (perhaps with a good prescribed
and adjudication methods form, and then allow owners a
What are some common In summer 2024, the government certain time (like 30 days)) to pay
chargebacks? proposed that CAT be tasked with them or dispute them effectively
Under the Condo Act, certain costs handling disputes over unit owner meet- and cheaply, after which the owner
backs, however, may include repairs or { The fact that chargebacks cannot currently be
incurred by condo corporations may be
charged back to a unit owner as an addi-
tion to their common expense fees. Often,
the costs involved are minimal – let’s say a
handled in a streamlined, efficient way is a major
$25 cleaning cost for failing to pick up after
disservice to condo corporations and unit owners
a pet. Small chargebacks typically don’t
result in a lien. More substantial charge-
to these cases.
maintenance carried out by corporations alike, needlessly adding costs and complexity
on behalf of owners. Another common
chargeback occurs when damage to units ings. Instead, CAT should be assigned is deemed to be liable to pay the
or common elements results from an act jurisdiction over more common and chargeback.
or omission of an owner or resident and pressing disputes like chargebacks b. Permit resale transactions of units
the cost of repair is charged back by the per the process contemplated by the with disputed chargebacks to
corporation to the owner. Finally, and unproclaimed section 84 amendments take place in an orderly way, with
perhaps the most common (routine) discussed above. This major condo law certainty for vendors and purchas-
chargeback is for damages and costs aris- improvement is critically important and ers – and condo corporations.
ing from an owner’s or resident’s violation long overdue. Proclaiming the improved c. Avoid condo lien scenarios for
of the declaration, bylaws or rules, includ- section 84 of the Condo Act would: unpaid chargebacks. Liens add major

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14 I CM Magazine WINTER 2024