Strata Property: Special Levies

Where there is an outstanding or, contemplated special levy (as found in the minutes), Buyers and Sellers need to clearly state WHO is responsible for paying the levy. Ideally, a sharp realtor has considered the issue and stuck in a clause in the contract but, in the event it is forgotten:
1) ensure you get a copy of the resolution authorizing the special levy to see if it contains an acceleration clause; and,
2) look to s.109 of the Strata Property Act: the SELLER owes if the special levy is payable prior to the CLOSING DATE, whereas the BUYER owes if the special levy is payable on or after the CLOSING DATE.

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