A recent judgement (June 22, 2017) relies on a principle often poorly understood by condo co-owners, i.e. condo fees are determined by the board of directors, after consultation at a general meeting of co-owners. The board sets the amount to be paid by co-owners for service charges shared by all. That is the case even if the declaration of co-ownership states the contrary (that co-owners decide the fee by voting at a general meeting). Article 1072 of the Civil Code states that once a year the board of directors, after consultation with the general meeting of the co-owners, fixes their contribution for common expenses. It is a matter of public policy that takes precedence over any declaration of co-ownership.

Once again, the board must "consult", but the "approval" of the co-owners is not required. It’s a bit like parents with teenagers: we consult them, and then of course we decide!

Note that if the co-owner fails to pay the condo fees, the condominium association can unilaterally register a lien against that person's condo as a guarantee against payment.

René Gauthier
Avocat associé
Cain Lamarre