An apartment owner in a condominium demanded that special assessments of a renovation cost will be collected based on the apartment's relative share in the common property and not in accordance with the provisions of the condominium bylaws, which stipulate that maintenance and management expenses will be paid by an equal distribution method.
The Supervisor of Condominiums rejected the claim and held that the special assessments would be paid in an equal manner according to the condominium bylaws, with no distinction between "usual" expenses and "unusual" expenses. The purpose of the agreed bylaws is to regulate the relations between the apartment owners and their rights and obligations in relation to the condominium. Once the bylaws are recorded, they have proprietary status. Condominium bylaws are a "closed contract" and must be interpreted according to its language, without the need to examine external considerations to it, such as: the intention of the parties. Here, the bylaws set a provision according to which the expenses of maintaining and managing the common property will apply equally to each and every apartment and it does not mention distinctions between types of expenses. Thus, it is not said that these are only "usual" expenses and there is no hint of an intention to exclude "unusal" expenses (such as: renovation expenses). The bylaws cannot be rewritten and the question of what the parties intended is of no significance, as this may lead to uncertainty. Therefore, the agreed bylaws must be respected as written and the apartment owners must bear the payment in an equal manner.