Jul 19, 2011|Article
Addressing the Condominium’s Address for Service
At some point in almost everyone’s life they are faced with the daunting and unavoidable task of moving residences, whether it is for school, a new job, or family reasons. Besides the physical act of moving, the most stressful and lengthy part of the relocation is notifying those persons or organizations that you have contact with, including government agencies, utility providers, banks, and doctors. Thankfully for condominium corporations the undertaking is not as difficult or lengthy as it may change its address for service by simply filing a “Notice of Change of Address”, or Form 2, with the appropriate land registry office. This article will provide a brief overview of the process and some helpful tips along the way.
A Condominium’s Many Addresses
Pursuant to section 7(2)(e) of the Condominium Act, 1998; (the “Act”), every condominium corporation’s declaration must contain its address for service, municipal address, and mailing address. While the municipal address of a condominium corporation will not change, its addresses for service and mailing are often listed as the declarant’s address or the declarant’s lawyer’s address. Once a condominium corporation is turned over to the unit owners, these addresses rarely remain an accurate avenue for notifying the condominium corporation.
Some people mistakenly believe that it is better not to update the condominium corporation’s addresses. This is usually done in hopes that it will prevent others from serving the condominium corporation with a claim or some other important document. This could not be further from the truth as failing to update the condominium corporation’s address for service can have dire consequences for the condominium corporation.
Where a party has commenced a claim against a condominium corporation, he or she must serve the claim on the condominium corporation. However, where a party has attempted to serve a condominium corporation at its address for service or has served documents at that address (albeit not to a representative of the condominium corporation), a court may dispense with service or deem the condominium corporation to have been properly served. In either scenario, the condominium corporation would not receive further notice of any steps in the proceeding, including a motion for default judgment against the condominium corporation. The condominium corporation could have a judgment against it and not even be aware of it.
Besides the service of court documents, the Condominium Act, 1998, provides for a number of other notices that may be served upon a condominium corporation at its address for service. For example, where the unit owners requisition a meeting pursuant to section 46 of the Act, the requisition is validly served if delivered personally or by registered mail to the president or secretary, but also if it is “deposited at the address for service of the corporation.” Where the unit owners deposit the requisition at the address for service, the condominium corporation may be deemed to have received it, even if it did not. If the board of directors subsequently fails to respond to the requisition the unit owners are entitled to call and hold an owners’ meeting themselves. The unnecessary confusion and conflict which will result could have been easily avoided by updating the condominium corporation’s address for service.
For these reasons, it is strongly recommended that every condominium corporation ensure its address for service is updated whenever it changes.
To view the entire article please click the pdf link below.