Article 1064 CCQ - Contribution to common expenses
Article 1064 requires each co-owner to contribute to the common expenses in proportion to the relative value of their fraction. Co-owners who have the use of a common portion for restricted use (PCUR) do, however, bear its maintenance and current repairs alone.
What it means for your syndicate
Since the 2019 reform the article draws three distinctions, not two: general common expenses, allocated by relative value among everyone; the maintenance and current repairs of a PCUR (balconies, assigned parking, lockers), paid by the beneficiaries alone; and major repairs to, or replacement of, a PCUR, which remain general expenses unless the declaration of co-ownership provides for a different apportionment.
The costliest mistake is billing the replacement of a balcony or a staircase to the beneficiaries alone with no clause in the declaration providing for it: that overcharges them. The opposite mistake — charging PCUR maintenance to everyone 'to keep things simple,' or having a subset pay a general expense — is not compliant either.
The Code does not define the boundary between a current repair and a major repair: it is assessed case by case. On a significant amount, that is a question for your notary or your CPA.
The obligation to contribute to the contingency fund and the self-insurance fund does not come from this article, but from article 1072 CCQ.
CondoAide applies the key configured from your declaration: relative value for general expenses, beneficiaries for PCUR, within a single set of books.
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