Apply to appeal the decision of a condominium dispute officer (Form 27)
Apply to appeal a decision made by a condominium dispute officer about a dispute between a condominium corporation and a unit owner. The decision may be appealed if there was an error in law or jurisdiction.
Use Form 27: Notice of Appeal of Decision of Condominium Dispute Officer to appeal a decision by a condominium dispute officer about a dispute between a condominium corporation and a unit owner.
Condominium corporations and unit owners that are in dispute with each other can apply to have the dispute heard by a condominium dispute officer. Once the officer has made a decision, either party can appeal the decision.
You can only apply to appeal the decision if you feel there was an error in law or jurisdiction. You need to have a specific example of where the condominium dispute officer misinterpreted the act or regulations, or where they overstepped their authority in making the order. There will not be a new hearing about the facts in dispute.
Condominium appeals officers
A condominium appeals officer may hear appeals of decisions made by condominium dispute officers on disputes between condominium corporations and unit owners.
Power of condominium appeals officers
The condominium appeals officer can:
- decide the appeal based on the written submissions of the parties without holding an in-person or teleconference hearing
- confirm the condominium dispute officer’s decision if no error of law or jurisdiction is found
- change or overturn the condominium dispute officer’s decision if an error of law or jurisdiction is found
- make any order that the condominium dispute officer can make
- split the fees charged for the appeal between the applicant and respondent
A condominium appeals officer’s order can be made an order of the Supreme Court of Nova Scotia and enforced as an order of the court.
Hearing and decision
The condominium appeals officer holds a hearing to decide the appeal based on the written submissions of you and the respondent. The hearing may take place in person or by teleconference.
The condominium appeals officer issues a written decision and order that:
- confirms, changes or overturns the decision of the condominium dispute officer
- indicates whether the applicant or respondent needs to pay all or part of the application fee and the condominium appeals officer's fee to hear the appeal
The decision (written order) includes reasons for the decision.
Eligibility
Condominium corporations and unit owners who received a decision from a condominium dispute officer can apply. You need to submit the form within 20 days of the date of the original decision.
How to apply
- Complete the application form.
- Check the application for details on all required supporting documents.
- Include payment with your application.
- Send your completed application, supporting documents and payment by registered mail or courier within 20 days of the date of the original decision.
- The Registrar of Condominiums dates the Notice of Appeal (your completed application), assigns a condominium appeals officer to your appeal and returns your Notice of Appeal (your completed application).
- You need to serve a copy of the Notice of Appeal and all supporting documents to the respondent by registered mail or personally deliver them by the deadline on the Notice of Appeal. If you’re having difficulty delivering the notice, you should contact the condominium appeals officer to ask for an extension of time or directions on how else you can deliver the document.
- You need to return a copy of the notice and supporting documents (with the sworn Affidavit of Service completed) to the condominium appeals officer within 10 days of delivering them to the respondent. If you don’t, your application could be withdrawn.
- The respondent needs to provide a written response to both you and the condominium appeals officer within 10 days of receiving the notice of appeal. If not, the condominium appeals officer might make a decision without the respondent's input. The respondent can attach additional documents to the response.
How long it takes
It should take 1 month from the hearing date for all parties to get a written decision from the condominium appeals officer. It’s mailed to you, unless you’ve made other arrangements with the officer.
Cost
As the applicant, you’re responsible for paying for the hearing and decision unless the condominium appeals officer orders the respondent to pay all or part of the fees.
| Activity | Fee |
|---|---|
| Application | $62.30 |
| Hearing (per day) | $1,000 |
| Officer writing the decision (per hour) | $150 |
Payment options
Cheque or money order made payable to the Minister of Finance.
Before you start
Make sure you have:
- county, name and number of the condominium corporation
- name, address, phone number and email address for the condominium corporation’s contact person
- name, unit number, address, phone number and email address of the condominium unit owner
- details of the reason for the appeal (how the dispute officer made an error in law or jurisdiction)
- 3 copies of supporting documents for appeal including the decision of the condominium dispute officer