Definition : Common expenses (condo fees) - Arrears

Amount of money payable by instalment by a co-owner to a syndicate of co-ownership (for common charges or other charges) which is due or owing without having been paid in the prescribed term.

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The failure to pay general or special common expenses (condo fees) is one of the most contentious co-ownership’s issues. It is the duty of the board of directors of the syndicate of co-owners to collect them, unless this task has been delegated to the condo manager. When a co-owner's contributions have been in arrears for more than three months, the law provides, ex officio, that he automatically loses his right to vote at the general meetings of the co-owners. He is also exposed to legal recourses, so that the syndicate can recover the amounts owing. A review of the options in such cases.  
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The presence of a board of directors is mandatory in a co-ownership. It is the executive body of the syndicate and its legal representative. As for its members, they act as mandataries of the syndicate. Because of the phenomenon of co-ownership in difficulty or dysfunctional, the legislator, through Bill 16, has put in place judicial mechanisms to overcome these difficulties. Article 1086.4 was thus introduced into the Civil Code of Quebec. This addition allows the court to replace the board of directors with a provisional administrator, if circumstances warrant, and to determine the terms and conditions of its administration (e.g., term of office).  
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Administrative, maintenance, replacement, improvement or alteration expenses of the common portions are divided among the co-owners. General common expenses are to be distinguished from particular common expenses, which are allocated under different rules. In the first case, it is the relative value of each fraction that is used to establish the co-owners contribution. As for special common expenses arising from common portions for restricted use, the co-owners using them are alone responsible of the expenses resulting therefrom.  
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Les charges communes doivent être payées par le copropriétaire de l’unité d’habitation. S'il ne paie pas, il est considéré comme défaillant, ou « en défaut de paiement ». Des recours existent pour cela. Toutefois, d'autres situations, plus rares, peuvent se présenter et doivent être envisagées.
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Common expenses or “condo fees”; you will have to pay them once you become an co-owner. They are an important element to consider before your purchase.
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From the purchase of a condo, the purchaser becomes responsible for the unpaid common expenses of the vendor (Article 1069 C.C.Q.). The syndicate may, therefore, claim from you amounts that you would not have thought owing.
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