Previous owner outstanding management fees

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asked on Aug 6, 2016 at 02:41
1. When a condo unit is sold, is the JMC consent required prior to the final handing over of the vacant premises to the new owner ?

2. If no JMC consent was available, is the S&P lawyer at fault for executing the deeds of transfer ?

3. A purchaser finds out later after the handover of the vacant premises that there were still some previous owner outstanding maintenance fees ? Who is at fault and what to do ? 

4. Can the JMC collect the previous owner outstanding maintenance fees from the new purchaser ?
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2 Answers

answered on Aug 6, 2016 at 22:18
1.If it is a residential home and sold by individual, JMC/Devp consent is not required. JMC shoud not involve in the sale of the property. You  may refer Strata Titles Act, Strata Management Act, Housing Development Act.

2. "

3. Vendor lawyer needs to apportion it. Supposedly the vendor must settle his outstanding maintenance fees prior to handing VP. Refer to the SPA about the apportionment of outgoings.

4. Yes because the unit has a new owner. Their record will show there is a new owner for the unit. 
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answered on Aug 7, 2016 at 02:04
1. Whether there is JMB or JMC is not material

2. It is on the onus of the buyer to check with the maintenance office for any misc charges unpaid. Get it settled before signing the S&P.
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