The shop downstairs: which costs it bears and which it does not

It is a bottomless source of argument: the bar downstairs uses neither the lift nor the hallway, yet its share appears in the same split as everyone else's.

The default rule

Unless the by-laws say otherwise, every owner contributes by ownership share to all common expenses, commercial units included. Use does not determine payment: if it did, the neighbour who never goes down to the pool would also be asking for a discount.

The exception that almost always exists

Typically the deed of division or the by-laws expressly exempt commercial units from certain costs: lift, hallway, staircase, concierge. That is legitimate and common, because they have independent access from the street and do not use those elements.

Watch the nuance: that exemption covers upkeep and use, but the courts have argued at length over whether it also covers full replacement or accessibility works. Before assuming the shop does not pay for installing a new lift, read the exact clause: "exempt from lift costs" is not the same as "exempt from lift maintenance".

What the shop almost always pays

Façade, roof, structure, the building's insurance, the statutory building survey and public liability. These are elements that protect and affect it exactly as they do any flat.

If the by-laws say nothing

Then it pays everything by share, no exceptions. And "we have always done it this way" is not enough: an unwritten custom does not create an exemption. Establishing one means amending the by-laws, and that requires unanimity.

The practical advice

Before the next argument, get out the deed of division and read the clause literally. Half of these disputes are settled in five minutes by reading what is already written, and the other half are avoided by clarifying in writing what was ambiguous.