Definition : Common expenses (condo fees) - Arrears

The syndicate of co-owners must, to meet the expenses arising from the co-ownership and the operation of the immovable, collect from its members the necessary sums. It is therefore essential that the co-owners meet their financial obligations on an ad hoc basis. However, the failure to pay general or special  common expenses (condo fees) is one of the most contentious co-ownership’s issues. The role of the board of directors in this matter is paramount, it is up to it to collect the debts of the syndicate. Unless this task is delegated to the condo manager. The syndicate must therefore take the necessary steps to collect the unpaid sums.  A review of the options in such cases.

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).  

The co-ownership gives rise to expenses relating to the maintenance of the common portions and the day-to-day administration of the syndicate. 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 particular common expenses arising from common portions for restricted use, the co-owners using them are alone responsible of the expenses resulting therefrom.

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.

Before buying the apartment of your dreams, find out about the status of the common expenses associated with it, especially those that may have remained unpaid by the seller. Common expenses, better known as " condo fees", which you will have to pay once you become a homeowner, are an essential component to consider. They correspond to the current expenses that you will have to pay regularly for the operation, the administration of the co-ownership and the maintenance of the common portions. Each co-owner participates and generally pays them at the beginning of each month.  

When selling an immovable, the buyer is required to pay with interest on all common expenses owed by the seller (article 1069 of the Civil Code of Quebec). The syndicate will then be able to claim sums from him that he never thought he would have to pay. However, if a request concerning the statement of common expenses has been sent to the syndicate (before the final sale), either by the notary or by the buyer, and the syndicate has not responded to it within 15 days of the said request, the latter will not be able to claim payment from the new co-owner.