2014 QCCQ 12519, 2014 QCCQ 12519

Copropriété Syndicat de la sève 1009 c. Umole 2014 QCCQ 12519 JG2338 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF BEAUHARNOIS LOCALITY OF CHÂTEAUGUAY Civil Division No: 760-32-016296-149 DATE: December 30, 2014 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE CÉLINE GERVAIS, J.Q.C. ______________________________________________________________________ COPROPRIÉTÉ SYNDICAT DE LA SÈVE 1009 Plaintiff v.

BERNADETTE UMOLE Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] This is a claim for $ 385.10, representing condo fees ($ 275), plus disbursement for a registered letter ($ 10.10), as well as an amount of $ 100 for trouble and inconvenience. The file was opened by mistake under the name of the administrators of the Syndicate, Mr. Samuel Montcalm and Jean-Sébastien Lauzon.

With the consent of all parties at the hearing, an amendment was made so the name of Plaintiff would read Copropriété Syndicat de la Sève 1009. [ 2 ] The Copropriété claims from Mrs. Bernadette Umole $ 275 as condo fees, according to the budget of the Syndicate that shared between 20 co-owners the disbursements related to the co-ownership of Copropriété Syndicat de la Sève 1009, the most important amount being for snow removal. Other disbursements such as insurance, lawn mowing, banking fees, etc., are also calculated in that budget (Exhibit P-3). [ 3 ] In her contestation, Mrs.

Umole pretends that she bought a semi-detached town house and not a condominium. She relies on the broker's listing that does not mention any condominium fee. [ 4 ] As was explained to Mrs. Umole during the hearing, the Court has to determine the rights of both parties according to the Deed of Sale that occurred before Notary Oscar Fernandez Garcia on June 11, 2013. [ 5 ] This Deed of Sale (Exhibit P-2), a true copy of which was in possession of Mrs.

Umole at the hearing, specifically describes the property she bought as an exclusive portion of lot number 4 053 242 of Cadastre du Québec, registration division of Châteauguay, with the quota of undivided rights in the common portions, as established in the above mentioned Declaration of Co-ownership. Said Declaration of July 17, 2008, that intervened before Mtre Alain Durand, was also in possession of Mrs. Umole. [ 6 ] Despite the fact that she stated at the hearing that she did not want to buy a condominium, such is the case.

Accordingly, she has no choice but to pay the condominium fees as claimed by Copropriété Syndicat de la Sève 1009, in the amount of $ 275. The Copropriété is also well founded to claim the amount of $ 10.10, representing registered letter fees. [ 7 ] Considering the circumstances and the misunderstanding by Mrs. Umole of her legal situation, it is not appropriate to grant the Copropriété's claim of $ 100 for trouble and inconvenience. FOR ALL THESE MOTIVES, THE COURT: GRANTS in part the Demand; CONDEMNS Defendant, Bernadette UMOLE, to pay to Plaintiff, COPROPRIÉTÉ SYNDICAT DE LA SÈVE 1009, the amount of

$ 285.10, with interest at the legal rate of 5 % plus the additional indemnity provided for by

Section 1619 of the Quebec Civil Code from May 23, 2014, date of receipt of the Letter of Demand; THE WHOLE with costs in the amount of $ 74.25. __________________________________ CÉLINE GERVAIS, J.Q.C.