Estoppel Certificates: Why They Are Important
| by Jamie Nykolaishen |
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By definition an estoppel certificate is a signed statement by a party certifying for another's benefit that certain facts are correct. A party's delivery of this statement estops that party from later claiming a different state of facts. An estoppel certificate is an important document issued by the condominium corporation intended to give potential purchasers of a condominium unit information so that they can make an educated decision about their purchase. The certificate provides information about the specific condo unit and the condominium corporation. The certificate is a true and accurate snapshot of the status of the unit and the corporation at the date of issue. The certificate is significant because the condominium corporation is estopped from denying the items it has represented in the certificate. With respect to the unit itself the certificate outlines details about the condo fees. It is important for potential purchasers to be aware of the current contributions, the status of the contributions and ensure that they know what they will be required to pay. Specifically with respect to the condominium unit the estoppel certificate outlines: - the amount of condo fees (common expense and reserve fund) that the unit owner is responsible for The certificate also outlines important information about the corporation itself. Before purchasing it is important for potential purchasers to have information about the status of the corporation, potential issues including law suits involving the corporation, the financial status of the corporation, the status of the reserve fund, the insurance policy that is in place etc. Specifically the estoppel certificate outlines: - that the corporation holds insurance in accordance with the requirements in the Condominium Property Act, 2001 and that its bylaws and policies are in good standing. The Condominium Property Act, 2000 states that the estoppel certificate must be in the prescribed form outlined in the Regulations. Therefore, all estoppel certificates will provide the same information in the same form. Your lawyer and your bank will require information provided in the estoppel certificate and request a copy of same when you are purchasing. To get a clear and accurate picture of the condominium association a potential purchaser should also review the corporation's financial statements, bylaws, budget, proof of insurance and minutes of the last year's general meeting minutes with their realtor or their lawyer before removing conditions to purchase. |
