Part 43 published on 01/09/13
Administrative and legal costs properly charged to owner of unit
The Syndicate was sued by the owner of a unit for the amount of $7,000.00 (the maximum limit in the Quebec Small Claims Court). The unit owner challenged the right of the Syndicate to charge administrative fees related to late payment of condominium fees in the amount of $100 per month (for a total of $1,500.00), legal fees for collection ($1,463.92), and bailiff’s fees ($48.94). The remainder of the $7,000.00 claim was for “inconvenience”. The Plaintiff admitted that she was late in paying her condominium fees as her income was irregular. The administrative fees were set out in the Corporation’s rules, which were also adopted at the Annual General Meeting in 2007. The $100.00 administrative charges were implemented directly as a result of owners failing to pay their condominium fees on time.
The Court found that all charges were valid and legitimate, and accordingly dismissed the Plaintiff’s claim.