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    emilericher's Avatar
    emilericher Posts: 1, Reputation: 1
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    #1

    Jul 13, 2009, 08:42 AM
    Statue of limitations
    What is the statue of limitations in canada on cottage dues. I wasn't Paying for particular reasons back in 2001 to end 2003 they the association have sent from a lawyer a letter I have to pay up its been 6 years.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Jul 13, 2009, 02:12 PM

    Is the Statute of Limitations.

    When you say cottage dues - do you mean rent? Association fees?

    Also, where? In general:

    "British Columbia - Section 3 (5) of the BC Limitation Act sets 6 years as the limit for debt.
    Alberta - The Alberta Limitations Act sets 2 years as the term which is extended to 10 years if there is a judgement.
    Ontario - The Ontario Limitation Act 2002 , came into force on January 1, 2004. It sets two years as the term (Section 4). This limitation will be reinstated where the debtor acknowledges the debt or makes a partial payment towards repayment of his debt. If the default occurred prior to January 1, 2004, the creditor will continue to have 6 years to pursue the claim. However, if the default occurred after January 1, 2004 then the 2-year rule applies.
    Federal - Section 32 of the Crown Liability and Proceedings Act sets 6 years as the limit for debt. "

    Limitations Acts -"Statute of Limitations"
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Jul 13, 2009, 02:57 PM

    Do you have a copy of your association covenants from when you first joined them? Many HOA have some boiler plate that protects them from folks who do not pay. I am the President of a HOA and we can hold a public auction to sell your property for back dues, after we send you a ton of paperwork and public notices.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jul 13, 2009, 03:01 PM

    I don't believe this come under SOL. In other words your obligation doesn't end.
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