[ON] Condo board’s lawyer sent a legal fee demand + cease-and-desist over a tree — one of their ‘facts’ is just wrong
My family owns a townhouse unit with a shared-use yard that includes a tree considered a “common element.” Last year the property manager sent an informal cease-and-desist about pruning it without board approval. Recently the condo’s lawyer sent a formal letter alleging further unauthorized cutting happened, based on branches seen in the trash and visual inspection of the tree. They also claim a family member was personally observed cutting branches from a rooftop on a specific date — this part is factually false and didn’t happen.
Any actual pruning that did occur was because branches were believed to be dead/damaged and a safety hazard, not to harm the tree.
The lawyer’s letter demands ~$1,785 in legal fees within 2 weeks, citing an indemnification clause in the condo’s declaration, and threatens a lien on the unit plus $7,500–$15,000 in costs if this escalates.
Questions:
**•** How enforceable is it for a condo corp to charge back legal fees like this?
**•** Should I dispute the facts/evidence first, negotiate the fee, or go straight to the Condo Authority Tribunal (CAT)?
**•** Worth getting an independent arborist opinion before responding?
Any guidance appreciated — trying to respond properly before the deadline.