The declaration of a condominium corporation must confirm the proportions in which owners are to contribute towards the common expenses of the corporation. This statement is usually expressed in the declaration in a percentages allocated to each unit. Although an owner is generally only responsible for his or her specific share of the total common expenses, in certain circumstances, an owner may be responsible for his or her disproportionate or excessive consumption of public utilities (such as water) even if such utilities are the corporation’s responsibility.
The Metropolitan Toronto Condominium Corp. No. 659 v. Truman case opposed a commercial condominium corporation comprised of 20 units and an owner who was legally producing marijuana for medical purposes and private consumption through a Health Canada Production Licence. This production required the owner, Mr. Truman, to used disproportionate amounts of water. Mr. Truman testified that he had one hundred plants under cultivation, each requiring 3 liters of purified water every other day. The need for purified water required a wastage of approximately 30%.
