Part 48 published on 01/11/14
Board did not have knowledge of increase when information released to Plaintiff. Plaintiff not entitled to avoid special assessment
On June 21, 2012, in response to a request from the Plaintiff purchaser, the Syndicat issued a letter to the Plaintiff’s notary stating that there were no anticipated special assessments. In July and August of 2012, the Directors for the Syndicat met to discuss the current expenses, and the preparation of a five year plan to allow for completion of certain required maintenance on the property, with a view to providing a detailed plan to the owners, as well as notice of whether a special assessment may be required to complete the work. In November of 2012, the plan was presented to the owners, at a meeting, for discussion and approval. At the meeting, the owners approved the plan and the special assessment.
At the trial, the Plaintiff argued that the Committee should have known that work was required, in June, when the letter was issued, and accordingly purposely withheld the information. The Court found that the Plaintiff had not discharged her burden of proof, and that there was insufficient evidence to provide that the Committee had knowledge of a need for a special assessment at the time that the letter was issued. The case against the Syndicat was dismissed, with costs against the Plaintiff.