Action by a co-owner of keeping a private portion in good condition and to prevent its deterioration. Most declarations of co-ownership contain a clause stating that, if a co-owner neglects to carry out work that he is supposed to carry out in his private portion, the syndicate is authorized to see to it in his place. Some work may sometimes be necessary for the preservation of the immovable and/or to avoid jeopardizing its insurability.
WHAT YOU SHOULD KNOW! under article 1039 of the Civil Code of Québec, the syndicate of co-owners has the obligation to ensure the preservation of the immovable and, under certain circumstances, the maintenance of the private portions.