What are the means available to the syndicate of co-owners in order to recover its receivables owed by some co-owners?

It must at first be mentioned that the obligation to pay the common expenses is a personal and individual obligation. The co-owners cannot thus be required to pay more than their share of the common expenses. Some co-ownerships require additional fees for each contribution paid late. There are also other means allowing the syndicate of co-owners to recover the debts owed. Deprivation of the voting right of the co- owner in default is an automatic penalty if arrears are due for more than 3 months. The Small Claims Court can also turn out to be an effective mean, and relatively fast, of recovering. This application, however, will only be possible if the amount of the claim does not exceed $ 15,000 and the syndicate has no more than 5 employees to its service. Finally, a legal hypothec by the syndicate can be an alternative to collect its receivables.

No matter the chosen method for collecting expenses, it is important to know that, if at the time of sale of the unit of a co-owner in default, common expenses remain unpaid, the responsibility for the latter will rest with the subsequent purchasers. Here is an excellent reason for showing caution by inquiring, with the secretary of the syndicate of co-owners, about the seller's situation in this matter.