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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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In a Common Element Condominium where the POTL's are parcels

Customer Question

In a Common Element Condominium where the POTL's are parcels of land with no structures built thereon in a rural community. Where no person is living in a home or using the common element. But where the CEC has been registered, is the developer required to pay to the Condo corp the monthly Common element expense for each POTL based on the hypothetical expenses that will ocurre in the future when homes are eventually built? Thereby contributing to the Condo corp a monthly contribution for expenses that are not in fact occurring. ( like garbage collection) And more over is the first buyer of a unit also paying for expenses that dont exist ?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

The purchasers should not have to pay for any condominium expenses relating to the common elements until they have the use of them. So if they are not using common elements and they are not getting any of the services that they will be paying for when they are available then at this point time they should not be paying the condo fees.

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