Co-ownership · Expenses and relative value
Two similar units, two different bills. Not an error, just relative value.
The rule
Article 1064: "Each co-owner contributes to the common expenses in proportion to the relative value of his fraction. However, only co-owners who have the use of common portions for restricted use contribute to the expenses related to the maintenance and the ordinary repairs of those portions."
Common portions for restricted use
These are common portions only some co-owners use: a balcony, a terrace, a parking space, a storage locker. Their ordinary upkeep falls on those who benefit, not on the whole building.
A frequent misunderstanding at purchase: people assume a balcony is private, when it is often a common portion for restricted use.
A different apportionment is possible
The same article allows the declaration to determine a different apportionment. So you read the declaration rather than assume.
The five-year remedy
Article 1068: "Every co-owner may, within five years from the day of registration of the declaration of co-ownership, apply to the court for a revision, for the future, of the relative value of the fractions and of the apportionment of the common expenses."
It applies only where a sufficient discrepancy exists. Worth knowing in a recent building.
What to verify before buying
Your exact share, what counts as a common portion for restricted use in your unit, and whether the declaration sets a special apportionment. Those three change your real monthly bill.
Where this surfaces: the syndicate register
Almost every question above is answered by one source, and it is not the listing. It is the register the syndicate must keep: the declaration of co-ownership, contracts, the cadastral plan, plans and specifications, location certificates, the maintenance log and the contingency fund study.
That is why we request those documents as soon as interest is serious, not after an accepted offer. A problem found before the promise to purchase is negotiated. Found after, it is absorbed.
Three habits before buying a condo
- Read the declaration before the showing sways you. It sets your share of expenses, your votes, and what is allowed.
- Compare the fund study with the fund balance. The gap is your special assessment risk, and it is a number.
- Read the last three sets of minutes. Work deferred year after year always ends up funded by someone. Often the new owner.
Related
Frequently asked
Why does my share differ from my neighbour's?
Article 1064 sets it in proportion to the relative value of each fraction, not by floor area alone.
Who pays for a balcony?
If it is a common portion for restricted use, only the co-owners who use it contribute to its maintenance and ordinary repairs.
Can a share be contested?
Article 1068 allows an application to the court within five years of registration of the declaration, for a revision for the future, where a sufficient discrepancy exists.
Articles quoted from the official English version of the Civil Code of Quebec (legisquebec.gouv.qc.ca), consulted 11 September 2026. This page informs; it is not legal advice. For a specific situation, consult a notary or a lawyer.
Published by the Loaa & Manseur team, number one team at RE/MAX Platine in 2024 and 2025. Tell us about your project.