Part 37 published on 01/02/12
Court declines to alter common expense contributions in Declaration
Co-Toit is a syndicat comprised of two types of dwellings: single-family houses and low-rise apartment buildings. The declaration of co-ownership established an equal relative value (and equal voting rights) for each unit. It also differentiated the two types of buildings so that owners of each type of unit only paid for services (such as snow removal or lobby maintenance) that benefitted their units.
Some owners challenged these provisions in the declaration. There were differences between the units in terms of size, location and market value and the Plaintiffs sought an order altering the common expense contributions (relying upon Articles 1041 and 1053 of the Quebec Civil Code). The Court did not grant the order.
The Court referred to the many factors that can be used to set the common expense contributions. The court declined to substitute its opinion for that of the drafters of the declaration.
Finally, the court noted that the action was statute barred because the impugned provisions would have become illegal in January 1994 at the latest, when the new Civil Code came into effect. The maximum available limitation period was ten years and the action was brought in 2007. The fact that owners had recently purchased units did not extend the limitation period.