The meeting of co-owners has only a power of consultation in the process that determines the contribution to expenses.
In the presence of water infiltration, the board of directors of a condominium corporation requests a detailed report from an architect, which confirms the need to undertake maintenance and renovation work costing over one million dollars to rectify the situation. Following this report, the board of directors, duly convened, held and consulted the assembly of co-owners, imposes a special assessment on the co-owners according to their share. Several refuse to pay it, invoking that the declaration of co-ownership stipulates that the budget must be approved in advance by the assembly of co-owners. They argue that the declaration takes precedence over Article 1072 of the Civil Code of Quebec, which stipulates that the board of directors sets the contribution to expenses after consultation with the assembly of co-owners.
The corporation turns to the Court* to claim the unpaid contributions to expenses from certain co-owners. At first, the Quebec Court declares that the final decision belongs to the board of directors, since there was consultation with the co-owners and confirms that it is not possible to deviate from Article 1072 (C.C.Q) because it is a matter of public policy. On appeal, the Court confirms that the assembly of co-owners has only a power of consultation and bases its decision solely on a specific clause in the declaration of co-ownership stipulating that in the event of a conflict between the declaration and the law that governs it, the law prevails.
The logic is preserved, the obligation for the board of directors of a condominium corporation to maintain and keep the property in good condition entails the power to set the contribution to expenses after consultation with the co-owners.
*500-09-021663-117
