2015 QCCQ 7393, 2015 QCCQ 7393

Syndicat des copropriétaires de Terrrasse Belvedere II c. Al Bachir 2015 QCCQ 7393 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL «Civil Division»

No: 500-32-138688-132 DATE: July 31, 2015 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE GIBBENS, J.C.Q. ______________________________________________________________________ syndicat des copropriétaires de terrrasse belvedere ii Plaintiff v. nassrat al bachir Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Syndicat des copropriétaires de Terrasse Belvedere II (the « Syndicate ») claims $4,000.00 from Nassrat Al Bachir representing arrears in condominium fees for his unit. [ 2 ] Mr.

Al Bachir admits that he owes condominium fees, but contends that the fees claimed by the Syndicate exceed the contribution expected based on the relative value of his unit. FACTUAL CONTEXT [ 3 ] Mr. Al Bachir owns unit 102 of a building held in divided co-ownership located at 16779 Pierrefonds Boulevard (the « Building »), comprised of eight residential units, seven of which are 1,200 or 1,300 sq. ft. units. Unit 102 is half the size of the others at approximately 600 sq. ft. [1] [ 4 ] After Mr.

Al Bachir purchased the unit in 2005, he started paying condominium fees sporadically on the basis of monthly fees of $65. A few payments were made from 2007 and 2013 totalling $812.65. [2] [ 5 ] According to Mr. Al Bachir, he has contested the fees charged from the beginning and made partial payments on the assurance of previous representatives of the Syndicate that they would look into the issue and make the appropriate adjustments. [ 6 ] Mr.

Al Bachir is prepared to pay all outstanding condominium fees on the basis of the relative value of unit 102, as compared to other units in the Building. [ 7 ] Based on preponderant evidence, the monthly condominium fees charged by the Syndicate were of $65 per unit from 2005 onwards, increased to $80 starting in October 2010 and again to $95 in July 2012. [3] [ 8 ] On May 16, 2013, the Syndicate sent Mr.

Al Bachir a letter of demand seeking payment of $5,447.33. [4] ANALYSIS [ 9 ] The Syndicate has the onus of proving the facts on which its claim is based on a balance of probabilities. [5] [ 10 ] The Syndicate claims that when Mr. Al Bashir purchased unit 102 in 2005, all co-owners agreed that the condominium fees would be the same for all units, but no direct evidence of this agreement was provided.

The Court brought this to the attention of the Syndicate at the hearing and suggested that the Declaration of co-ownership relating to the Building be filed, but the Syndicate has not done so. [ 11 ] In the absence of the Declaration of co-ownership or any other evidence of an agreement regarding the co-owners responsibility for the Building expenses, the Court must conclude that no such agreement exists. Consequently, the Court applies the general principles provided by law, namely that Mr.

Al Bachir’s contribution is to be calculated in proportion to the relative value of his unit. [6] [ 12 ] The only evidence of this relative value is a certificate of location relating to the Building [7] , which establishes unit 102’s relative value ( quote-part ) at 6.673%. [ 13 ] The Syndicate has established that from January 2007 to September 2010 inclusively, the total monthly condominium fees for all units amounted to $520.00 ($65 for each of the 8 units). Therefore, Mr. Al Bashir’s share is $34.70 ($520.00 x 6.673%). The total amount owed by Mr.

Bashir for this period is $1,561.50 ($34.70 x 45 months). [ 14 ] For the period of October 2010 to June 2012 inclusively, the total monthly condominium fees for all units amount to $640.00 and Mr. Al Bashir’s share is $42.71 ($640.00 x 6.673%), with an amount owed by Mr. Al Bashir for this period of $896.91 ($42.71 x 21

months). [ 15 ] Finally, for the period of July 2012 to the date of the Syndicate’s claim on June 3, 2013, the total monthly condominium fees for all units amount to $760.00 and Mr. Al Bashir’s share is $50.71 ($760.00 x 6.673%), with an amount owed by Mr. Al Bashir for this period of $557.81 ($50.71 x 11 months). [ 16 ] For the whole period covered by the Syndicate’s claim, the total amount Mr. Al Bashir’s contribution is therefore of $3,016.22, from which his partial payments totalling $812.65 [8] must be deducted, for a total amount due of $2,203.57. [ 17 ] The present judgment does not determine Mr.

Al Bachir’s contribution to co-ownership expenses for the period subsequent to June 3, 2013. FOR THESE REASONS, THE COURT: GRANTS the action in part; CONDEMNS Defendant Nassrat Al Bachir to pay to Plaintiff Syndicat des copropriétaires de Terrasse Belvedere II the sum of $2,203.57, plus interest at the legal rate and the additional indemnity provided for by

article 1619 of the Civil Code of Quebec from June 3, 2013; WITH COSTS of $185 representing the judicial stamp of the Application. __________________________________ DOMINIQUE GIBBENS, J.C.Q. Date of hearing: March 31, 2015