Part 9 published on 01/02/05
Syndicat liable for owner’s mistake (when owner performing work for Syndicat)
The Syndicat was required to complete work to all of the balconies in the complex. At two meetings of the owners, the work was approved by all owners except the Plaintiff. The Plaintiff refused to pay his share of the special assessment for the work, and sued the Syndicat for damages (including recovery of his portion of the reserve fund related to this work). The Plaintiff argued that work to the balconies could have been avoided if adequate maintenance had been completed. The Plaintiff also argued that, by completing the work to the balconies, the Syndicat changed the nature/use of the balconies. The Syndicat counterclaimed for payment of the special assessment.
The Court found that there really was no significant visual change as a result of the repair, and that there was no foundation for the Plaintiff’s argument concerning a change to the nature/use of the balconies. After significant analysis of the declaration and the Quebec Civil Code, the Court held that the Syndicat was responsible for the work to the balconies. Furthermore, the Court found that there was no particular prejudice to this owner’s exclusive balcony as a result of this work, the vote of the owners was proper, there was no decrease in property value, and the owner was not entitled to recover his “share” of the reserve fund related to these repairs. The Plaintiff’s claim was dismissed, and the Plaintiff was ordered to pay the full amount of the special assessment to the Syndicat.