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Can condo board charge certain common expenses directly to owners?


Question:

Common expenses in our condo complex have been allocated based on unit factors / percentage of ownership since it was constructed 45 years ago, Our condo board has added a clause to a proposed bylaw update that will allow it to allocate common expenses to one owner or a group of owners, if it determines that those expenses benefit that owner or group of owners more than others.

It seems to me to be inappropriate to hold specific owners liable for costs that would normally be common expenses shared by all owners. I would be concerned that extending the powers of the board in this way could be open to abuse. Board members may have an incentive to allocate large or unforeseen costs to particular owners in order to keep condo fees down or avoid general assessments. They might even use this provision to discriminate against an owner they do not like or with whom they have a disagreement. I am also concerned that this amendment is part of a large package of bylaw updates and owners have not been made specifically aware of this change or its implications,

Has anyone seen a clause like this before? Is it appropriate to give the board this kind of discretion to change the standard allocation of common expenses? Does the board have an obligation to bring this kind of change to the attention of owners, rather than including it in a general bylaw update?

Alberta


Answers (22)

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