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.
A condominium appeals officer may hear appeals of decisions made by condominium dispute officers on disputes between condominium corporations and unit owners.
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.
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 decision (written order) includes reasons for the decision.
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 receiving the original decision on a dispute.
Send your completed application, supporting documents and payment by registered mail or personally deliver them to the Registrar of Condominiums within 10 days of receiving 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 send 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 send 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.
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.
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.