Common expenses are contributed in relation to the the relative value of the fraction of a co-owner. This is the only mode of distribution possible because this statutory provision is required from an imperative order; regardless of what is set out from the declaration of co-ownership.

Indeed, section 1064 of the Civil Code of Québec (CCQ) states that:

"Each co-owner contributes in proportion to the relative value of his fraction to the expenses arising from the ownership and operation of the building, and the contingency fund established under Article 1071 of the CCQ ".

This relative value, also known as share, is contained in the constitution of the declaration of co-ownership.

However, different rules apply for the costs of maintenance, repair and replacement of common areas for restricted use. Indeed, only those owners who have the benefit of these parts contribute to the costs that are resulting. This article has been viewed by the courts as public order, ensuring that we can not in any way derogate from them, even by consensus or by a unanimous vote of all owners.

Thus, an owner may be liable for the costs incurred by the syndicate for the maintenance of windows, if they are of a restrictedcommon area.

However, in the case example of a complete refurbishment of a roof sealant due to the existence of a structural defect or a progressive deterioration of the latter, the costs are the burden of all (in this case, these costs may even be paid from the contengency fund provided in Article 1071 C.C.Q.).

Collection

Regarding the collection of common expenses, it follows the procedure of preparing the budget, which sets the contribution of each co-owner, and the contribution of the charges, by sending the notice of assessment to each one, according to a fixed period determined by the Building Rules.

Common expenses must be paid on their due date.

If a co-owner disagrees with the board of directors, the solution is certainly not to refuse to pay the common charges because that would not punish the syndicate but rather the co-owners by doing so. Indeed, it would be for them to honor the debt of this 'delinquent' owner . Moreover, the measures available to the syndicate to recover of the common expenses would place him in a much more problematic situation.

A review of the relative value of the lot and the allocation of common expenses (factsheet) Increase in condo fees: what to do? (chronic) Contribution of common expenses (question / answer) Common charges for unsold units (question / answer)