Living in a condominium involves a lot of discussions and controversies, especially when it comes to contributing to expenses and reserve funds related to restricted common areas.
Living in a divided co-ownership involves its fair share of discussions and controversies, especially when it comes to contributing to expenses and contingency funds related to restricted common areas.
For instance, the owner of the only commercial unit located on the ground floor of a building, with no access to the upper floors and consisting of 28 residential units, seeks the Court's intervention to determine whether they are obligated to contribute their 23% share to the contingency fund.
The court recalls that:
- each co-owner must contribute to minor repair expenses and costs related to the use of common areas in proportion to the relative value of their fraction;
- contributions to the contingency fund are used to cover the cost of major repairs and the replacement of all restricted or unrestricted common areas;
- it is possible to deviate from the general rule regarding contributions to the contingency fund in proportion to the relative value of restricted common areas, as long as a specific clause is provided for in the declaration of co-ownership.
The judge concludes that in the absence of provisions in the declaration of co-ownership, the owner of the commercial unit is required to contribute to the contingency fund for all restricted common areas of the building, including the elevator they do not use.
Prior to purchasing a divided co-ownership, it is important to carefully read the declaration to which one must adhere, even if certain contributions may appear "unjustified".
*Court of Appeal (500-09-022322-127)
