Webradio Condolegal from January 31, 2024: Maintenance of common areas: who is responsible?

On Wednesday January 31, 2024 at 7:00 p.m., we addressed the issues related to maintenance and the distribution of costs associated with common areas, whether they are for general use or for restricted use. Remember that the nature of divided co-ownership is to divide the building into various lots which are the exclusive property of the co-owners (private portions), and for others which are the property of all the co-owners (common portions).

The distinction between common and private areas is essential, particularly from the point of view of maintenance, which is the responsibility of the co-owners' association for the common areas and of the co-owners for the private areas. However, among the common areas, some are for restricted use. The Civil Code of Quebec and the declarations of co-ownership provide specific rules for these common areas, particularly regarding their maintenance and the distribution of the associated costs. Thus, the declaration of co-ownership can delegate this responsibility, in whole or in part, to each of the co-owners who benefit from an exclusive right of enjoyment. To discuss all this, we were in the company of Me Yves Joli-Coeur, emeritus lawyer and partner of the Dunton Rainville firm and Ms. Élise Beauchesne, co-ownership manager of Solution Condo and Jasmin Patenaude CPA Auditor of Désormeaux Patenaude inc. This web radio was hosted, as usual, by Ms. Valéry Couture, co-ownership manager of Condo Stratégis.

 

See the webradio of January 31, 2021:

 

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