CPA · Condominium Property Act
39.2 Payment and enforcement of contributions
resolution by the board under section 39 in accordance with the
terms of the resolution of the board.
(2) A contribution referred to in subsection (1), and any interest
charged under section 40, may be recovered by an action for debt
by the corporation
(a) from a person who was an owner at the time when the
resolution of the board was passed, and
(b) from a person who was an owner at the time when the
action was instituted,
both jointly and severally.
(3) Where a contribution, including any interest owing, is not paid
by the owner, the mortgagee may pay any amount owing in respect
of that contribution and add that amount to the amount owing to the
mortgagee under the mortgage.
(4) Where
(a) a person other than the owner is in possession of a unit and
pays rent to the owner in respect of the unit, and
RSA 2000
(b) contributions, including any interest owing in respect of that
unit, are in arrears,
the corporation may require the person in possession of the unit to
pay the rent owing to the owner in respect of that unit to the
corporation so that that rent can be applied against the
contributions, including any interest owing, that are in arrears.
(5) Where a person in possession of a unit other than the owner
pays the rent to the corporation under subsection (4), that person is
deemed to have paid that rent to the owner.
(6) A corporation may file a caveat against the certificate of title to
an owner's unit for the amount of a contribution levied on the
owner and interest payable but unpaid by the owner.
(7) On the filing of the caveat under subsection (6), the corporation
has a charge against the unit equal to the unpaid contributions and
any interest owing.
(8) On and from the date of filing of the caveat, a charge under
subsection (7) has the same priority as a mortgage under the Land
Titles Act and may be enforced in the same manner as a mortgage.
(9) The Dower Act and Part 10 of the Civil Enforcement Act do not
apply to proceedings under subsection (8).
(10) If a corporation has filed a caveat under this section, the
corporation shall withdraw the caveat on the payment to it of the
amount of the charge.
(11) Notwithstanding subsection (8), if
(a) a corporation has filed a caveat under this section,
(b) subsequent to the caveat's being filed another person gains
title to the unit pursuant to
(i) a foreclosure action,
(ii) an action for sp ecific performance, or
(iii) a tax recovery proceeding under the Municipal
Government Act,
and
(c) an amount remains owing to the corporation with respect to
the contribution and interest for which the caveat was filed,
RSA 2000
the caveat remains registered against the certificate of title of the
unit until the amount owing is paid to the corporation.
2014 c10 s30;2024 c20 s1(22)