Definition : Common expenses (condo fees) - Particular common expenses

La webradio du mercredi 29 mars 2023 a porté sur le mode de répartition des charges communes entre les copropriétaires. La copropriété donne lieu à des dépenses relatives à l’entretien des parties communes et l’administration courante du syndicat. Les coûts d'administration, d'entretien, de remplacement, d'amélioration ou de transformation des parties communes constituent des charges qui sont réparties entre les copropriétaires d'un immeuble. Ce sujet semble simple, mais il peut devenir un casse-tête pour les petites copropriétés ou les grandes qui ont à gérer les clés de répartition de charges. Les administrateurs ne savent pas toujours bien comprendre le libellé de la déclaration en ce qui a trait aux parties communes à usage restreint, par exemple une terrasse, un stationnement ou un casier de rangement. Or, comment s’assurer que chacun paye sa juste part? Les invités étaient Me Charlotte Fortier, avocate en droit de la copropriété au sein du cabinet d'avocats Therrien Couture Joli-Coeur, monsieur Jasmin Patenaude, CPA, associé du cabinet Désormeaux Patenaude inc et monsieur Luc Poulin, administrateur. Cette webradio était animée par madame Valéry Couture, gestionnaire de copropriété de Condo stratégis. Pour visionner la webradio, cliquez sur le lien ci-dessous :

I want to know how the condo fees (common expenses) appearing in the ads of real estate agencies are established. These are not constant and put a doubt in the minds of those who want to buy in condominiums. Question: Is there a uniform directive in real estate agencies in this area? What advice should a real estate broker give to his client when he assists him in completing the form of the declaration of seller ? Some vendors report all costs, others report only current expenses (e.g., maintenance, operation and administration expenses of common portions). These two ways of doing things can vary the amount of condo fees by 300%, which can represent significant amounts for a buyer.

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. Its members act as the mandataries of the syndicate. When a co-ownership is newly constituted, the declaration of co-ownership generally provides for the appointment of a interim director, who exercises the functions of the Board of Directors until the Meeting of co-owners appoints a new board of directors. This transitional period is generally delicate because of the necessarily numerous and complex problems relating to defects in workmanship, latent defects and construction defects. And this is not to mention that the transitional administrator set up by the developer may have a negative role: protect the developer and transfer to the co-ownership of charges incumbent in principle on the developer.  Its appointment Usually, it is the developer who designates him, in accordance with a provision in the declaration of co-ownership (By-laws of the Immovable). Often he appoints one of his  representatives to act as the interim director of the syndicate.

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.

Electric vehicles (EV) are increasingly seen as one of the ways to reduce the impact of car traffic on the climate. With the effort to be made to substantially reduce Quebec's greenhouse gas emissions and to contain the increase in temperatures by the end of the century, the sale of EV has become a must. In Quebec, in 2030, the number of EV is expected to increase to 1.5 million, or 30% of the Quebec car fleet. In 2035, the sale of new gasoline cars will be banned in Quebec and Canada. Paradoxically, the majority of buildings held in divided co-ownership are not equipped to allow EV charging. In addition, the declarations of co-ownership of these buildings have not provided for anything on this issue.

Most often than not declarations of co-ownership (Constituting Act of co-ownership) designate the legal status of exterior parking spaces as common portions for restricted use. This is also true for indoor parkings, when the developer (declarant) decides that it is not necessary to create a specific lot number for each space. These are therefore an integral part of the lot constituting the common portions of the immovable.  

Before purchasing the apartment of your dreams, find out the status of the expenses (condo fees) of the apartment owing by the vendor, as you will have to pay the arrears once you become the owner of the apartment.

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.  

Three months ago, we were called to the annual general meeting of co-owners during which co-owners were consulted on the budget forecast. However since the AGM, we have not received a notice from the Board detailing the amount of our contribution to our co-ownership’s operating budget. Questions: Isn’t the syndicate required to send a notice of assessment for common expenses? If so, what should it provide?