Apply to have a condominium dispute heard by a condominium dispute officer (Form 26)
Apply to have a dispute between a condominium owner and a condominium corporation heard by a condominium dispute officer.
Use Form 26: Application to Condominium Dispute Officer to Hear Dispute Between Condominium Corporation and Unit Owner to apply to have a dispute heard by a condominium dispute officer.
Condominium corporations and unit owners that are in dispute with each other can apply to have the dispute heard by a condominium dispute officer.
You can ask the condominium dispute officer to hear a dispute about:
- breach of by-laws regarding use of the common elements and units
- condominium corporation failing to provide records of the condominium corporation as required
- enforcement of the condominium corporation’s rules about use of common elements
A condominium dispute officer can:
- only hear disputes between a condominium corporation and a unit owner that are identified under subsection 33(1) of the Condominium Act
- decide the dispute based on the written submissions of the parties without holding a hearing in person
- make an order
Hearing
A condominium dispute officer holds a hearing to decide the dispute based on the written submissions from you and the respondent. The hearing may take place in person or by teleconference.
Decision
The condominium dispute officer issues a written decision and order, which you can have made an order of the Supreme Court, unless an appeal has been filed with the Registrar of Condominiums.
The order can:
- direct a condominium corporation to perform any of its duties under the Condominium Act, including maintaining and providing copies of corporate and financial records and enforcing condominium rules
- set the fees that can be charged by a condominium corporation for providing records
- direct a condominium corporation or unit owner to comply with a by-law or rule
- order 1 of the parties to pay a fine of up to $500 for non-compliance
- decide which parties need to pay all or part of the application fee
If you aren’t satisfied with the outcome of your hearing, you can appeal.
Eligibility
Condominium corporations or unit owners can apply.
How to apply
- Complete the application form.
- Check the application for details on all required supporting documents.
- Include payment with your application.
- Take your completed application form, 3 copies of supporting documents and payment to Access Nova Scotia.
- Access Nova Scotia gives you a copy of your application to deliver to the respondent. They also give you another copy to notarize and return to Access Nova Scotia once you’ve delivered the document to the respondent.
- Personally deliver a copy of the application and supporting documents to the respondent or send by registered mail within 10 days of the date Access Nova Scotia received the application.
- If you’ve made a reasonable effort to have the application delivered to the respondent (or recognized agent if the respondent is a condominium corporation) but have been unsuccessful, a condominium dispute officer may authorize another method of delivery. Other methods can include providing a copy to the respondent by fax, email or mail, or leaving the documents at the respondent’s residence or at the residence of the president of the condominium corporation’s board of directors (if the respondent is a condominium corporation).
- Complete the Affidavit of Service found on your copy of the application. You need to get the affidavit notarized by the Commissioner of the Supreme Court of Nova Scotia. Return your copy of the application to Access Nova Scotia once you’ve delivered the other copy to the respondent. You need to return it within 10 days after the date of the service to the respondent. If you don’t meet the deadlines, the application will be withdrawn unless the condominium dispute officer gives an extension.
How long it takes
It should take 2 weeks to find out if a condominium dispute officer will hear your dispute. It can take longer if more information is needed or if your application hasn’t been filled in correctly.
Once your dispute is heard, it should take 2 to 4 weeks to receive the condominium dispute officer's decision. It’s mailed to you, unless you’ve made other arrangements with the officer.
Cost
| Activity | Fee |
|---|---|
| Registration | $124.60 |
Payment options
Cheque or money order made payable to the Minister of Finance.
Before you start
Make sure you have:
- name and number of the condominium corporation
- details of the dispute
- 3 copies of your supporting documents, which can include letters sent to the respondent, relevant excerpts from the condominium declaration or by-laws and photographs